Current through February 27, 2024
(a) Unless disposal is approved under (b),
(c), or (d) of this section, polluted soil may be disposed of only in a Class I
MSWLF or a landfill that meets all applicable requirements of this chapter and
federal law for the disposal of industrial solid waste or for drilling
waste.
(b) Except as provided in
(c) of this section, the disposal of polluted soil within a Class III MSWLF
will be approved on a case-by-case basis only if the owner of the polluted soil
and the owner or operator of the landfill demonstrate, to the satisfaction of
the department, that
(1) petroleum
hydrocarbons are the only contaminants in the soil;
(2) the polluted soil originates from the
cleanup of a single spill incident within the community served by the
landfill;
(3) the volume of the
polluted soil requiring disposal is less than 500 cubic yards; and
(4) the contaminant concentrations within the
polluted soil do not exceed the following maximum values as measured by the
applicable methods for petroleum hydrocarbons described in the department's
Underground Storage Tanks Procedures Manual, dated November 7,
2002, in Appendix D, adopted by reference:
(A) a concentration of not more than 900
milligrams of gasoline range organics, as measured under Method AK 101, for
each kilogram of polluted soil;
(B)
a concentration of not more than 2,000 milligrams of diesel range organics, as
measured under Method AK 102, for each kilogram of polluted soil;
(C) a concentration of not more than 4,500
milligrams of residual range organics, as measured under Method AK 103, for
each kilogram of polluted soil.
(c) The department will approve the
beneficial use within a Class III MSWLF of polluted soil that does not meet one
or more of the criteria in (b) of this section, if the proposed use of the soil
(1) has a direct benefit to the community; a
direct benefit to the community does not include providing compensation for the
disposal of the polluted soil;
(2)
can be accommodated within the established operational practices at the
landfill or within the existing maintenance, closure, or expansion plans for
the landfill; and
(3) will comply
with the conditions and requirements in (d) and (e) of this section.
(d) The disposal of polluted soil
at a landfill other than a Class I MSWLF, an industrial solid waste landfill, a
drilling waste landfill, or a Class III MSWLF, or the beneficial use of
polluted soil under (c) of this section, will be approved on a case-by-case
basis only if the owner of the polluted soil and the owner or operator of the
landfill demonstrate, to the satisfaction of the department, that
(1) the waste in the landfill cannot be
washed into nearby surface water, and leachate from the landfill cannot reach
nearby surface water;
(2) the
polluted soil, if it is disposed in the landfill, will not cause a threat to
the public health, safety, or welfare, or to the environment;
(3) a practical potential does not exist for
migration of a hazardous constituent from the landfill to an aquifer during the
active life and post-closure care of the landfill; and
(4) the owner of the landfill agrees to
implement institutional controls that the department determines are necessary
for long-term protection of the public health, safety, and welfare and the
environment.
(e) The
demonstration required under (d) of this section must be certified by a
qualified groundwater scientist and based upon site-specific
(1) field-collected measurements, sampling,
and analysis of physical, chemical, and biological processes affecting fate and
transport of hazardous constituents; and
(2) hazardous constituent fate and transport
predictions that anticipate maximum, likely migration and consider effects on
public health, safety, and welfare and the environment.
Authority:AS
44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.296
AS 46.03.299
AS 46.03.302
AS 46.03.800
AS 46.03.810
AS 46.04.020
AS
46.09.020
