Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 75 - Oil and Other Hazardous Substances Pollution Control
Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances
18 AAC 75.380 - Final reporting requirements and site closure
Universal Citation: 18 AK Admin Code 18 AAC 75.380
Current through February 27, 2024
(a) A responsible person shall submit a written final cleanup report to the department for each site undergoing cleanup under the site cleanup rules. The report must be prepared by a qualified environmental professional.
(b) The written report required by (a) of this section must contain, as applicable,
(1)
the date and time of the discharge or release;
(2) the location of the discharge or release,
including latitude and longitude coordinates;
(3) the name and physical address of the
site, facility, or operation;
(4)
the name, mailing address, and telephone number of the owner and of the
operator of the site, facility, or operation;
(5) the type and amount of each hazardous
substance discharged or released;
(6) a description of environmental damage
caused by the discharge, release, or containment, to the extent the damage can
be identified;
(7) a demonstration
that the free product was recovered in compliance with
18 AAC 75.325(f)
(1)(B) and that provides, at a minimum, the
following information:
(A) the estimated
amount, type, and thickness of free product observed or measured in wells,
boreholes, and excavations;
(B) the
type of free product recovery system used;
(C) whether a discharge or release has
occurred or will occur at the site or offsite during the recovery operation and
where the discharge or release occurred or will occur;
(D) the type of treatment applied to, and the
effluent quality resulting or expected from, any substance that has been
discharged or released or will be discharged or released;
(E) whether a discharge or other permit was
required under local, state, or federal law and if each required permit was
obtained;
(F) the date, location,
and method of disposal of the recovered free product, dissolved phase product,
or contaminated soil; and
(G)
whether free product remains at the site, and, if so, the estimated
quantity;
(8) a summary
of each applicable soil and groundwater cleanup level approved under the site
cleanup rules and a description of the factors used in determining each
applicable cleanup level;
(9) a
description of cleanup actions taken, including
(A) a demonstration that cleanup was
conducted in accordance with the elements, including modifications to the
elements, approved under
18 AAC 75.360;
(B) sampling reports and a description of the
soil and groundwater sampling protocol and sampling locations;
(C) a summary of the laboratory reports for
the final verification samples collected at the site; the laboratory or a
responsible person shall keep those reports and make them available to the
department upon request for at least 10 years after submission of the summary
to the department;
(D) a detailed
explanation of what was done if a sample exceeded the applicable required
cleanup level;
(E) a demonstration
that contaminated soil and groundwater were stored, treated, and disposed of in
an approved manner;
(F) an estimate
of the extent of any remaining residual contamination, above and below the
applicable cleanup levels;
(G) a
demonstration that surface soil staining was evaluated and that a cleanup of
that staining was performed;
(H)
whether permits were required under local, state, or federal law and if each
required permit was obtained;
(I)
confirmation that any hazardous waste generated was stored, treated, or
disposed of in compliance with
42 U.S.C.
6901 -
6992 k (Solid Waste Disposal Act,
as amended by Resource Conservation Recovery Act), as amended through January
6, 2003 and adopted by reference; and
(J) other information requested by the
department, as the department determines necessary to ensure protection of
human health, safety, or welfare, or of the environment;
(10) a demonstration of compliance with
applicable institutional control requirements under
18 AAC 75.375;
(11) cumulative risk calculations.
(c) The department will determine final compliance with the
(1) applicable soil
cleanup levels, based on sampling results from onsite contaminated soil and
from contaminated soil moved offsite for treatment or disposal, calculated and
presented on a per dry weight basis, and based on the maximum concentrations
detected, unless the department approves an appropriate statistical method, in
which case compliance will be based on the mean soil concentration at the 95th
percent upper confidence limit; approval of a statistical method will be based
on
(A) the number and location of samples
taken;
(B) whether large variations
in hazardous substance concentrations relative to the mean concentration exist;
and
(C) whether a large percentage
of concentrations are below the method detection limit; and
(2) groundwater cleanup levels,
based on an analysis of unfiltered groundwater samples unless a responsible
person demonstrates that a filtered sample provides a more representative
measure of groundwater quality; the department will determine compliance based
on the maximum concentrations of a hazardous substance detected in the final
confirmation samples; before closure, the size of the dissolved plume must be
steady state or shrinking and concentrations of the hazardous substance must be
decreasing.
(d) After reviewing the final cleanup report submitted under this section, if the department determines that
(1) a site has been
adequately characterized under
18 AAC 75.335 and has achieved the
applicable requirements under the site cleanup rules, the department will issue
a written determination that the cleanup is complete, subject to a future
department determination that the cleanup is not protective of human health,
safety, or welfare, or of the environment; or
(2) the cleanup and applicable institutional
controls are not protective of human health, safety, or welfare, or of the
environment, the department will, as necessary to ensure protection of human
health, safety, or welfare, or of the environment, require a responsible person
to conduct additional actions that meet the requirements of the site cleanup
rules.
Authority:AS 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.740
AS 46.03.745
AS 46.03.755
AS 46.04.020
AS 46.04.070
AS 46.09.010
AS 46.09.020
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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