DEPARTMENT OF 

 ENVIRONMENTAL CONSERVATION

 

18 AAC 60

Solid Waste Management 

As amended through September 5, 2010

 

Sean Parnell 

Governor 

Larry Hartig 

Commissioner 
THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC COURTESY. 

WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE ACCURACY OF THE 

REPRODUCED VERSION, THE DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE ACCURACY. PAPER COPIES 

OF THE REGULATIONS AS ORIGINALLY FILED BY THE LIEUTENANT GOVERNOR 

ARE AVAILABLE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 

THE REGULATIONS HAVE AN EFFECTIVE DATE OF SEPTEMBER 5, 2010, ARE IN 

REGISTER 195, AND WILL APPEAR IN OFFICIAL PUBLISHED FORM IN THE 

OCTOBER SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE.
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TABLE OF CONTENTS 

ARTICLE 1. GENERAL STANDARDS, REQUIREMENTS, AND LIMITATIONS ........................................ 2 

18 AAC 60.005. PURPOSE AND APPLICABILITY ............................................................................... 2 

18 AAC 60.007. SOLID WASTES USED AS FILL ................................................................................ 4

18 AAC 60.008. BENEFICIAL USE ................................................................................................... 7 

18 AAC 60.010. ACCUMULATION, STORAGE, AND TREATMENT ..................................................... .7 

18 AAC 60.015. TRANSPORT ........................................................................................................ 11 

18 AAC 60.020. HAZARDOUS WASTE ........................................................................................... 11 

18 AAC 60.025. POLLUTED SOIL .................................................................................................. 11 

18 AAC 60.030. MEDICAL WASTE ................................................................................................ 12 

18 AAC 60.035. VEHICLES AND CONSTRUCTION EQUIPMENT ....................................................... 12 

18 AAC 60.040. WELLHEAD PROTECTION .................................................................................... 13 

ARTICLE 2. WASTE DISPOSAL PERMIT ........................................................................................... 14 

18 AAC 60.200. PERMIT REQUIREMENT ......................................................................................... 14 

18 AAC 60.205. [REPEALED] ......................................................................................................... 15 

18 AAC 60.207. OPERATION UNDER A COMPREHENSIVE SOLID WASTE MANAGEMENT PERMIT ...... 16 

18 AAC 60.210. PERMIT APPLICATION ........................................................................................... 16 

18 AAC 60.213 RESEARCH, DEVELOPMENT AND DEMONSTRATION PERMIT ..................... 18

18 AAC 60.215. PERMIT ISSUANCE ................................................................................................ 20 

18 AAC 60.217. SEPARATION FROM GROUNDWATER ..................................................................... 21 

18 AAC 60.220. ACCESS REQUIREMENTS ....................................................................................... 21 

18 AAC 60.225. SURFACE WATER REQUIREMENTS ......................................................................... 22 

18 AAC 60.227. LANDFILLS LOCATED ON PERMAFROST ................................................................ 23 

18 AAC 60.228. EXEMPTIONS FOR FREEZEBACK LANDFILLS .......................................................... 23 

18 AAC 60.230. DISEASE VECTOR, WILDLIFE, AND DOMESTIC ANIMAL CONTROL .......................... 24 

18 AAC 60.233. CONTROLLING IMPACTS OUTSIDE FACILITY BOUNDARIES. ................................... 24 

18 AAC 60.235. RECORDKEEPING REQUIREMENTS ......................................................................... 25 

18 AAC 60.240. PROCEDURES TO EXCLUDE RECEIPT OF HAZARDOUS WASTE ................................. 25 

18 AAC 60.243. INTERMEDIATE COVER ......................................................................................... 26 

18 AAC 60.245. PROMPT CLOSURE ................................................................................................ 26 

18 AAC 60.250. EXISTING PERMITS AND PERMIT RENEWAL ........................................................... 27 

18 AAC 60.255. GENERAL PERMIT ................................................................................................. 27 

18 AAC 60.260. PERMIT TERMINATION AND MODIFICATION .......................................................... 29 

18 AAC 60.265. PROOF OF FINANCIAL RESPONSIBILITY ................................................................. 30 

18 AAC 60.270. TERMINATION OF POST-CLOSURE OBLIGATIONS ................................................... 30 

ARTICLE 3. MUNICIPAL SOLID WASTE LANDFILLS ........................................................................ 32 

18 AAC 60.300. PURPOSE, SCOPE, AND APPLICABILITY; CLASSES OF MSWLF ................................. 32 

18 AAC 60.305. AIRPORT SAFETY .................................................................................................. 34 

18 AAC 60.310. FLOODPLAINS ....................................................................................................... 35 

18 AAC 60.315. WETLANDS .......................................................................................................... 35 

18 AAC 60.320. FAULT AREAS, SEISMIC IMPACT ZONES, AND UNSTABLE AREAS ............................ 36 

18 AAC 60.325. [REPEALED] ......................................................................................................... 37 

18 AAC 60.330. DESIGN STANDARDS ............................................................................................. 37 

18 AAC 60.333. AIR QUALITY CONTROL ........................................................................................ 38 
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18 AAC 60.335. MINIMUM OPERATOR QUALIFICATIONS FOR A CLASS I MSWLF .............................. 38 

18 AAC 60.340. COVER MATERIAL, REQUIREMENTS FOR A CLASS I OR CLASS II MSWLF ................. 39 

18 AAC 60.345. COVER MATERIAL, WORKING FACE, AND LITTER CONTROL REQUIREMENTS FOR A 

CLASS III MSWLF ............................................................................................................................. 39 

18 AAC 60.350. CONTROL OF EXPLOSIVE GASES ........................................................................... 40 

18 AAC 60.355. OPEN BURNING ..................................................................................................... 41 

18 AAC 60.360. LIQUIDS RESTRICTIONS ........................................................................................ 41 

18 AAC 60.365. CO-DISPOSAL OF SEWAGE SOLIDS......................................................................... 41 

18 AAC 60.370. [REPEALED] ......................................................................................................... 42 

18 AAC 60.375. CORRECTIVE ACTION AT A MSWLF ....................................................................... 42 

18 AAC 60.380. MSWLF RECORDKEEPING REQUIREMENTS ............................................................ 43 

18 AAC 60.385. CLOSURE OF EXISTING MSWLF ............................................................................. 43 

18 AAC 60.390. CLOSURE STANDARDS FOR A CLASS III MSWLF ..................................................... 43 

18 AAC 60.395. CLOSURE STANDARDS FOR A CLASS I OR CLASS II MSWLF ..................................... 44 

18 AAC 60.396. POST-CLOSURE CARE REQUIREMENTS FOR A CLASS III MSWLF .............................. 46 

18 AAC 60.397. POST-CLOSURE CARE REQUIREMENTS FOR A CLASS I OR CLASS II MSWLF ............. 46 

18 AAC 60.398. FINANCIAL ASSURANCE FOR A CLASS I OR CLASS II MSWLF .................................. 48 

ARTICLE 4. MONOFILLS ................................................................................................................ 49 

18 AAC 60.400. APPLICABILITY .................................................................................................... 49 

18 AAC 60.410. LOCATION STANDARDS ........................................................................................ 50 

18 AAC 60.420. OPERATIONS ........................................................................................................ 50 

18 AAC 60.430. DRILLING WASTE ................................................................................................. 50 

18 AAC 60.440. CLOSURE OF INACTIVE RESERVE PITS ................................................................... 58 

18 AAC 60.450. ASBESTOS ............................................................................................................ 64 

18 AAC 60.455. MINING WASTE .................................................................................................... 66 

18 AAC 60.460. INERT WASTE ....................................................................................................... 66 

18 AAC 60.470. SEWAGE SOLIDS ................................................................................................... 67 

18 AAC 60.480. WOOD WASTE ...................................................................................................... 72 

18 AAC 60.485. INDUSTRIAL SOLID WASTE .................................................................................... 72 

18 AAC 60.490. CLOSURE DEMONSTRATION AND POST-CLOSURE CARE ......................................... 73 

18 AAC 60.495. [REPEALED] ......................................................................................................... 74 

ARTICLE 5. LAND APPLICATION OF BIOSOLIDS ............................................................................. 75 

18 AAC 60.500. APPLICABILITY .................................................................................................... 75 

18 AAC 60.505. GENERAL REQUIREMENTS .................................................................................... 76 

18 AAC 60.510. PERMIT APPLICATION ........................................................................................... 77 

ARTICLE 6. USER FEES .................................................................................................................. 81 

18 AAC 60.700. FEE REQUIREMENTS ............................................................................................. 81 

18 AAC 60.720. [REPEALED] ......................................................................................................... 86 

18 AAC 60.730. FEE APPEAL PROCEDURES .................................................................................... 86 

ARTICLE 7. MONITORING AND CORRECTIVE ACTION REQUIREMENTS .......................................... 87 

18 AAC 60.800. VISUAL AND AIR MONITORING ............................................................................. 87 

18 AAC 60.810. SURFACE WATER MONITORING ............................................................................. 88 

18 AAC 60.815. CORRECTIVE ACTION FOR PROBLEMS DISCOVERED DURING VISUAL AND SURFACE 

WATER MONITORING OR DURING AN INSPECTION ........................................................................... 89 
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18 AAC 60.820. GROUNDWATER MONITORING AND CORRECTIVE ACTION ..................................... 90 

18 AAC 60.825. GROUNDWATER MONITORING SYSTEMS ............................................................... 92 

18 AAC 60.830. GROUNDWATER SAMPLING AND ANALYSIS .......................................................... 94 

18 AAC 60.840. PARAMETERS FOR SURFACE WATER MONITORING AND GROUNDWATER DETECTION 

MONITORING .................................................................................................................................. 97 

18 AAC 60.850. DETECTION MONITORING PROGRAM ................................................................... 100 

18 AAC 60.860. ASSESSMENT MONITORING AND CORRECTIVE ACTION ........................................ 102 

ARTICLE 8. GENERAL PROVISIONS .............................................................................................. 103 

18 AAC 60.900. WAIVERS ........................................................................................................... 103 

18 AAC 60.990. DEFINITIONS ...................................................................................................... 103 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Chapter 60. Solid Waste Management. 

Article

1. General Standards, Requirements, and Limitations 

(18 AAC 60.005 - 18 AAC 60.040) 

2. Waste Disposal Permit (18 AAC 60.200 - 18 AAC 60.270) 

3. Municipal Solid Waste Landfills (18 AAC 60.300 - 18 AAC 60.398) 

4. Monofills (18 AAC 60.400 - 18 AAC 60.495) 

5. Land Application of Biosolids (18 AAC 60.500 - 18 AAC 60.510) 

6. User Fees (18 AAC 60.700 - 18 AAC 60.730) 

7. Monitoring and Corrective Action Requirements (18 AAC 60.800 - 18 AAC 60.860) 

8. General Provisions (18 AAC 60.900 - 18 AAC 60.990) 

Editor's note: Some regulations in this chapter, which was reorganized and revised in 1996, 

were further changed, effective 10/29/98, and distributed in Register 148, January 1999. 

The regulations in this chapter, effective 1/28/96, and distributed in Register 137, constitute a 

comprehensive reorganization and revision of this material. They replace all previous regulations in 

this chapter that were repealed simultaneously with the adoption of these regulations. The history 

line at the end of each section does not reflect the history of the replaced provisions before 1/28/96, 

nor is the section numbering related to the numbering before that date. Some section numbers in this 

revision were used in previous versions, but the current sections with those numbers are not 

necessarily related to the previous section numbers. Previous versions of this chapter, and 

amendments to those versions, may be reviewed at the Office of the Lieutenant Governor and may 

be found at Register 47, effective 7/19/73; Register 67, effective 8/21/78; Register 88, effective 

10/9/83; Register 103, effective 9/20/87. 

As of Register 151 (October 1999), the functions of the former Department of Community and 

Regional Affairs were transferred to other state agencies. Revisions to regulations to reflect changes 

in state agencies' names were made by the regulations attorney in accordance with ch. 58, SLA 1999 

and AS 44.62.125(b)(6). 
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Article 1. General Standards, Requirements, and Limitations. 

Section

 05. Purpose and applicability 

 07. Solid waste used as fill 

 08. Beneficial use 

 10. Accumulation, storage, and treatment 

 15. Transport 

 20. Hazardous waste 

 25. Polluted soil 

 30. Medical waste 

 35. Vehicles and construction equipment 

 40. Wellhead protection 

18 AAC 60.005. Purpose and applicability. (a) The purpose of this chapter is to 

promote cost-effective, environmentally-sound solid waste management and to ensure that 

landfills are designed, built, and operated to minimize health and safety threats, pollution, and 

nuisances. Each type of solid waste that is disposed in a landfill must be placed only in a landfill 

that meets the standards for that type of waste. 

(b) Except as described in (c) of this section, this chapter applies to any person who 

accumulates, stores, transports, treats, or disposes of solid waste. The general requirements of 

18 AAC 60.005 - 18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 60.860 supplement the specific 

requirements for 

(1) municipal solid waste landfills (MSWLF) as covered by 18 AAC 60.300 - 

18 AAC 60.398; 

(2) monofills as covered by 18 AAC 60.400 - 18 AAC 60.495; and 

(3) land application of biosolids as covered by 18 AAC 60.500 - 18 AAC 60.510. 

(c) The following wastes and materials, if disposed of or used as described in this 

subsection, are exempt from the requirements of this chapter unless mixed with nonexempt 

waste, there is a public health, safety, or welfare threat or environmental problem associated with 

management of the waste or material, or the waste or material is being managed in a manner that 

causes or contributes to a nuisance: 

(1) landclearing waste, including excavated dirt, rock, soil, butt ends, stumps, and 

other similar waste; 

(2) tree limbs and other foliage or woody debris, sometimes referred to as 

"slash," in a timber harvest area; 

(3) bricks, mortar, and Portland cement type concrete, including reinforcing steel 
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that cannot be easily removed; 

(4) crumb rubber used in asphalt paving; 

(5) crushed glass; 

(6) domestic wastewater, nondomestic wastewater, and other wastes that are 

subject to a permit under AS 46.03, 18 AAC 72, or 33 U.S.C. 1342 (Federal Water Pollution 

Control Act, sec. 402), as amended through August 21, 1998; 

(7) septage or septic tank pumpings that contain less than five percent solids by 

weight regulated under 18 AAC 72; 

(8) waste rock from a mining operation; 

(9) tailings from placer mining that have not been amalgamated or chemically 

treated; other mine tailings are regulated under 18 AAC 60.455; 

(10) mining waste regulated by the Federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 - 30 U.S.C. 1328, as amended through August 21, 1998, and by 

the Alaska Surface Coal Mining Control and Reclamation Act (AS 27.21), as amended through 

August 21, 1998; 

 (11) wood waste generated in amounts less than 10 cubic yards yearly, or in 

larger amounts if the conditions listed in this paragraph are met; wood waste that does not meet 

these conditions is regulated under 18 AAC 60.005 - 18 AAC 60.265, 18 AAC 60.480, and 

18 AAC 60.800 - 18 AAC 60.990; the conditions that must be met are, as follows: 

(A) the wood waste is used to construct roads, building pads, or parking 

areas; 

(B) the use of wood will not diminish the life span or capabilities of the 

project when compared with other materials typically used in such projects; 

(C) the project complies with the water quality standards in 18 AAC 70; 

and 

(D) the wood waste in the project is no more than 10 feet thick at any 

location; 

(12) source, special nuclear, or byproduct material as defined in 42 U.S.C. 2014 

(Atomic Energy Act), as amended through August 21, 1998; 

(13) crushed asphalt pavement used 

(A) in a building pad or parking area as road base, or pavement; or 
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 (B) as a material to construct a containment berm for a tank farm; 

(14) any treated waste allowed by the department to be managed as exempt waste 

under 18 AAC 60.005(e); 

(15) soil containing a hazardous substance that does not meet the definition of 

“polluted soil” in 18 AAC 60.990; 

(16) other solid wastes and materials placed on the land which meet the 

conditions established in 18 AAC 60.007. 

 (d) A treatment works designed to treat less than five tons of waste daily or 10 tons in a 

single batch is exempt from the requirements of this chapter unless it causes or contributes to a 

threat to public health, safety, or welfare, or the environment or unless the works is operated in a 

manner that causes or contributes to a nuisance. 

(e) If a person treats a waste and demonstrates to the department’s satisfaction that the 

potential for a release of hazardous constituents is eliminated by the treatment and the treated 

waste will not present a threat to the public health, safety, or welfare, or to the environment, the 

department will allow the treated waste to be managed as an inert waste under 18 AAC 60.460 or 

an exempt waste under (c) of this section. The operator of the treatment works must 

(1) secure the approval of the department before handling the waste as inert or 

exempt under this subsection; and 

 (2) keep records demonstrating that all waste managed under this subsection was 

treated in the manner on which the approval was based. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.007. Solid wastes used as fill. (a) A person may place the following solid 

wastes on the land for a fill project that meets the conditions in this section: 

(1) wood waste; 

(2) inert waste; 

(3) coal ash; 

(4) crushed pavement; 

(5) other similar solid wastes approved by the department. 
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(b) A person may not use the following wastes as fill: 

(1) animal waste; 

(2) asbestos; 

(3) biosolids; 

(4) commercial solid waste; 

(5) drilling waste; 

(6) hazardous waste; 

(7) household waste; 

(8) industrial solid waste; 

(9) medical waste; 

(10) mining waste; 

(11) pathological waste; 

(12) PCB waste; 

(13) putrescible waste; 

(14) selected isolation waste; 

(15) sewage solids; 

(16) tires; 

(17) vehicles and construction equipment. 

(c) A person may not place solid waste on the land until the person has submitted a 

proposal to the department, and that proposal has been approved. A proposal submitted under 

this section must include the following: 

(1) an appraisal or assessment showing the current value of the property where 

the solid waste is to be placed; 

(2) a list of each waste to be placed at the site, including the expected volume and 

the source of each waste type; 
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(3) the proposed future use of the site; 

(4) an estimate of the value the property will have after the solid waste is in 

place; 

(5) an operations plan explaining where and when the various wastes will be 

placed on the land; 

(6) an estimate of the expected compaction density and load bearing capacity of 

the finished fill; 

(7) a list of each permit and approval issued or expected to be issued by other 

government agencies; 

(8) construction drawings showing 

(A) surface contours of the existing site; 

(B) surface contours of the finished site; 

(C) the location and details for all drainage ditches and culverts to be 

installed; 

(D) the location of any temporary or permanent road or ramp; and 

(E) any pavement, sewer, plumbing, or electrical installation. 

(d) The department will approve a proposal for solid waste disposal under this section 

within 30 working days after receipt of the request, if the waste meets the conditions listed in (b) 

of this section, the person requesting permission has submitted the information required under 

(c) of this section, and the department finds that the project will 

(1) increase the market value of the property; 

(2) not shift, erode, or settle in a way that will preclude proposed future use of 

the site; 

(3) not create any harmful leachate; 

(4) not undergo combustion; and 

(5) not cause a threat to the public health, safety, or welfare, or to the 

environment. (Eff. 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 
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AS 46.03.020 

18 AAC 60.008. Beneficial use. (a) If a person wants to use a solid waste other than 

the solid wastes specified in 18 AAC 60.007(a), for beneficial purposes other than the land 

placement options specified in 18 AAC 60.007(a), that person shall submit a proposal explaining 

the proposed use and all features of the proposal that are incorporated to protect public health, 

safety, and welfare, and the environment. 

(b) The department will review the proposal and exempt the solid waste from some or all 

of the requirements of this chapter if the department finds that the proposal adequately protects 

public health, safety, and welfare, and the environment. (Eff. 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.010. Accumulation, storage, and treatment. (a) A person may not store 

accumulated solid waste in a manner that causes 

(1) a litter violation under 18 AAC 64.015; 

(2) the attraction or access of domestic animals, wildlife, or disease vectors; 

(3) a health hazard; or 

(4) polluted run-off water. 

(b) A person who sponsors an event that is open to the public and at which solid waste is 

generated shall 

(1) collect, store, transport, and dispose of the solid waste at a solid waste 

disposal facility that has a permit or is otherwise authorized under this chapter; or 

(2) make contractual or other arrangements for the proper collection, storage, 

transportation, and disposal of that waste at a solid waste disposal facility that has a permit or is 

otherwise authorized under this chapter. 

(c) A person who has made contractual or other arrangements for the collection, storage, 

transportation, and treatment of solid waste is not relieved of the responsibility for that waste if 

the contractor fails to manage the waste in compliance with this section. 

(d) A person shall dispose of a carcass 

(1) of livestock, including poultry, infected with a communicable disease, only if 

authorized by the state veterinarian and in accordance with 9 C.F.R. 53.4, revised as of January 

1, 1998, adopted by reference; 
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(2) of any animal not described in (1) of this section, other than open range 

livestock, unless the carcass is used as food for humans or animals, 

(A) at a landfill that operates in accordance with a permit issued under 

this chapter; 

(B) by cremation or incineration in an incinerator that complies with 

18 AAC 50; or 

(C) by burial on land, with the landowner’s permission; and 

(3) of any animal not disposed under (1) or (2) of this subsection that the 

department determines is causing a nuisance or threat to the public health, safety, or welfare or to 

the environment, by one of the methods set out in (2) of this subsection. 

(e) Subject to 18 AAC 60.040(b), a person who wishes to dispose of organic waste from 

a commercial slaughterhouse or fish processing waste may apply that waste to agricultural or 

silvicultural land for soil enhancement purposes if the waste is 

(1) ground up to less than two inches in diameter; 

(2) treated by a method described in 40 C.F.R. 503.15, revised as of July 1, 1997, 

adopted by reference, to reduce the number of salmonella spp. or fecal coliform bacteria present 

to meet the Class A requirements for pathogen reduction at the time of land application; 

(3) incorporated into the soil surface when the waste is applied; 

(4) applied at or below the agronomic rate for nitrogen for any crop or vegetation 

that will be grown on that land; 

(5) applied in a manner that does not create an odor nuisance or attract animals or 

other vectors; and 

(6) applied in a manner that ensures that run-off of surface water from the 

disposal site does not violate the water quality standards in 18 AAC 70. 

(f) The owner or operator of a transfer station designed to hold 20 cubic yards or more of 

waste shall 

(1) use containers with covers, fencing, or another department-approved method 

to prevent wind and animals from scattering the waste; 

(2) pick up litter as necessary to prevent a violation of AS 46.06.080; 

(3) manage the site so that the standards in 18 AAC 60.230 for disease vectors 

and animal control are met; and 
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(4) prevent or control run-off that would violate 18 AAC 70. 

(g) If the department finds that a transfer station that is not part of a facility holding a 

permit under this chapter is causing a nuisance or a risk to public health or safety or to the 

environment, the department will require the operator to submit a facility design and operating 

plan explaining how the operator will 

(1) meet the requirements of (f) of this section; 

(2) conduct operations to prevent a fire at the transfer station; 

(3) promptly extinguish any fire that occurs; 

(4) control odor and dust as necessary to prevent a public nuisance; 

(5) provide safe public access to the facility as necessary; 

(6) manage hazardous waste abandoned by others at the facility; and 

(7) prevent or control run-off that would violate 18 AAC 70. 

(h) Except as provided for drilling waste in 18 AAC 60.430, if the department finds that 

a facility used to store more than 50 tons of materials for reuse, recycling, or resource recovery, 

or more than 50 tons of solid waste before disposal, is causing or contributing to a nuisance or 

poses a risk to public health, safety, or welfare, or to the environment, the department will 

require the operator to meet one or more of the following requirements: 

(1) provide proof to the department that the landowner has consented to the waste 

storage activity, unless the operator owns the property; 

 (2) remove the materials from the facility or store materials at the facility for no 

more than one year; 

(3) use containers with covers, fencing, or another department-approved method 

to prevent litter; 

(4) pick up litter as necessary to prevent a violation of AS 46.06.080; 

(5) manage the facility so that the standards in 18 AAC 60.230 for disease 

vectors and animal control are met; 

(6) prevent fire at the facility; 

(7) promptly extinguish any fire that occurs; 
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(8) prevent or control run-off that would violate 18 AAC 70; 

(9) control odors, noise, and dust as necessary to prevent a nuisance; 

(10) provide safe public access to the facility as necessary; 

(11) manage hazardous waste abandoned by others at the facility; 

(12) monitor the temperature of waste piles to detect combustion; and 

(13) take other appropriate action. 

(14) repealed 9/7/2002. 

(i) The owner or operator of a solid waste treatment works that is designed to treat more 

than five tons of waste daily, and that is not located within the boundaries of a permitted landfill 

shall 

(1) use containers with covers, fencing, or any other short-term, departmentapproved storage method to prevent wind and animals from scattering the waste; 

(2) pick up litter as necessary to prevent a violation of AS 46.06.080; 

(3) manage the treatment works so that the standards in 18 AAC 60.230 for 

disease vectors and animal control are met; 

(4) control odors as necessary to prevent a public nuisance; 

(5) prevent or control run-off that would violate 18 AAC 70; 

(6) prevent fire at the treatment works; 

(7) promptly extinguish any fire that occurs; 

(8) provide safe public access to the site as necessary; 

(9) control dust; 

(10) manage hazardous waste abandoned by others at the treatment works; and 

(11) take other appropriate action. 

(j) The department will require corrective action as necessary at a facility regulated 

under this section if there is reason to believe that the water quality standards in 18 AAC 70 have 

been violated or if conditions at the facility are likely to result in harm to public health or the 

environment. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; 

am 9/7/2002, Register 163) 
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Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.015. Transport. (a) A person who transports solid waste shall keep the 

waste contained during transport. 

(b) A person who spills solid waste during transport shall promptly pick up the waste 

and any waste residue resulting from the spill. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.06.080 

18 AAC 60.020. Hazardous waste. (a) A person may dispose of used oil or a regulated 

hazardous waste only 

(1) at a facility that is approved by the department for the disposal of that specific 

type of waste; or 

(2) in accordance with a permit issued by the department. 

(b) A hazardous waste, other than an acute hazardous waste, generated by a 

conditionally exempt small quantity generator, may be disposed of at a facility that meets the 

requirements for a Class I or Class II MSWLF set out in 18 AAC 60.300 - 18 AAC 60.397, 

unless the disposal would violate the liquids restrictions set out in 18 AAC 60.360. (Eff. 

1/28/96, Register 137; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.296 AS 46.03.800 

AS 46.03.010 AS 46.03.299 AS 46.03.810 

AS 46.03.020 AS 46.03.302 AS 46.06.080 

18 AAC 60.025. Polluted soil. (a) Unless disposal is approved under (b) 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) The disposal of polluted soil at a landfill other than a landfill that meets the 

requirements in (a) of this section will be approved 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 leached or washed into nearby surface 

water; 

(2) the polluted soil will not cause a threat to the public health, safety, or 

welfare, or to the environment; 
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(3) 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, or 

welfare and the environment; and 

(4) a practical potential does not exist for migration of a hazardous constituent 

from that landfill to an aquifer of resource value during the active life of the landfill and post 

closure care; the demonstration required by this paragraph must be certified by a qualified 

groundwater scientist and based upon site-specific 

(A) field-collected measurements, sampling, and analysis of physical, 

chemical, and biological processes affecting fate and transport of hazardous constituents; 

and 

(B) hazardous constituent fate and transport predictions that anticipate 

maximum, likely migration and consider effects on public health, safety, and welfare and 

the environment. (Eff. 1/28/96, Register 137; 7/11/99, Register 151; am 9/5/2010, 

Register 195) 

Authority: AS 44.46.020 AS 46.03.296 AS 46.03.810 

AS 46.03.010 AS 46.03.299 AS 46.04.020 

AS 46.03.020 AS 46.03.302 AS 46.09.020 

AS 46.03.100 AS 46.03.800 

18 AAC 60.030. Medical waste. (a) A person shall manage medical waste in a way 

that prevents the spread of disease. 

(b) The owner or operator of a permitted municipal solid waste landfill facility or 

industrial solid waste monofill may accept medical waste that has been treated according to the 

manufacturer’s instructions 

(1) in an autoclave; 

(2) by a decontamination process other than an autoclave; or 

(3) in a medical waste incinerator. (Eff. 1/28/96, Register 137; 9/7/2002, 

Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.035. Vehicles and construction equipment. A person who disposes of a 

vehicle or construction equipment shall ensure that all batteries are removed and the vehicle or 

equipment 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(1) is not used to stabilize a slope or to prevent erosion; 

(2) is drained of all fluids before disposal; and 

(3) does not create a visual nuisance or attract disease vectors. (Eff. 1/28/96, 

Register 137) 

Authority: AS 44.62.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.040. Wellhead protection. (a) A new landfill or lateral expansion of an 

existing landfill may not be constructed within 500 feet of a well used as a drinking water 

supply. 

(b) A person may not dispose of septage, sewage solids, fish waste, animal manure, or 

animal byproducts or waste on the ground within 100 feet of a well that produces water suitable 

for drinking. (Eff. 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.800 

AS 46.03.010 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Article 2. Waste Disposal Permit.

Section

200. Permit requirement 

205. [Repealed] 

207 Operation under a comprehensive solid waste management permit 

210. Permit application 

213. Research, Development, and Demonstration Permit 

215. Permit issuance 

217. Separation from groundwater 

220. Access requirements 

225. Surface water requirements 

227. Landfills located on permafrost 

228. Exemptions for freezeback landfills 

230. Disease vector, wildlife, and domestic animal control 

233. Controlling impacts outside facility boundaries 

235. Recordkeeping requirements 

240. Procedures to exclude receipt of hazardous waste 

243. Intermediate cover 

245. Prompt closure 

250. Existing permits and permit renewal 

255. General permit 

260. Permit termination and modification 

265. Proof of financial responsibility 

270. Termination of post-closure obligations 

18 AAC 60.200. Permit requirement. (a) Except as otherwise provided in this section, 

a person may treat or dispose of solid waste, or construct, modify, or operate a solid waste 

facility only in accordance with a waste disposal permit issued by the department under 18 AAC 

60.215 or a research, development, and demonstration permit issued under 18 AAC 60.213. 

However, a permit under this chapter is not required for 

(1) a single-family or duplex residence or a farm where solid waste is generated 

and disposed of on the premises; 

(2) the closure of an inactive reserve pit, solid waste facility, or dump; 

(3) disposal that is governed by a permit issued under 18 AAC 72.010, 18 AAC 

72.210, or an approved contaminated site cleanup plan under 18 AAC 75 or 18 AAC 78; 

 

(4) disposal that is governed by a permit issued under 18 AAC 62 or under 

40 C.F.R. Part 264 or 40 C.F.R. Part 265, revised as of July 1, 1998, adopted by reference; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(5) disposal under an underground injection permit issued under 42 U.S.C. 300h4 (Safe Drinking Water Act); 

(6) a person who transports solid waste to an approved facility; 

 (7) a facility that is used only for the disposal of material and waste exempted by 

18 AAC 60.005(c); 

(8) a transfer station, except one that is located at a facility otherwise subject to 

this section; 

(9) a reuse, recycling, or resource recovery facility unless the department 

determines that the facility is causing or is likely to cause excessive odor or other problems such 

as combustion, blowing litter, water quality degradation, or vermin attraction; 

(10) a solid waste treatment works or a solid waste treatment facility that is 

designed to treat less than five tons of waste daily; 

(11) drilling, trenching, and other activities described in AS 46.03.100(f) that are 

not subject to the permit requirements of AS 46.03.100; 

(12) animal or fish waste disposed under 18 AAC 60.010(d) or (e); 

(13) polluted soil that is polluted only because of a naturally occurring metal if 

the soil is returned to the location where the soil was excavated or taken to another area with an 

equal or greater concentration of the same metal; or 

(14) storage of industrial solid waste under 18 AAC 60.430(a); 

(15) waste approved for use as fill under 18 AAC 60.007; 

(16) waste approved for beneficial use under 18 AAC 60.008; or 

(17) waste managed under a plan approved under 18 AAC 60.207. 

(b) If the department certifies an activity under 33 U.S.C. 1344 (Clean Water Act, section 

404) and attaches conditions to that certification, and if the department decides that certification 

may be substituted for a permit required under this chapter, the department will enforce the terms 

and conditions of the certification in the same way it would require compliance with a permit 

issued under this chapter for the same activity. (Eff. 1/28/96, Register 137; am 10/29/98, 

Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.06.010 

AS 46.03.010 AS 46.03.800 AS 46.06.080 

 AS 46.03.020 AS 46.03.810 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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18 AAC 60.205. Solid waste management planning. Repealed 9/5/2010. (Eff. 1/28/96, 

Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163; repealed 9/5/2010, Register 

195) 

18 AAC 60.207. Operation under a comprehensive solid waste management permit.

 (a) A person proposing to treat, transport, store, or dispose of solid waste in a manner 

requiring two or more permits under this chapter may submit a proposal to the department to 

operate the solid waste management system under an approved comprehensive solid waste 

management permit in lieu of individual permits for each facility. 

(b) A person who submits a proposal under (a) of this section must explain how the 

waste will be treated, stored, transported, and disposed, and must identify any disposal sites. The 

comprehensive solid waste management permit is subject to the same public notice provisions as 

a solid waste disposal permit and to the fees specified in 18 AAC 60.700. (Eff. 9/7/2002, 

Register 163) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

 AS 46.03.010 AS 46.03.100 

18 AAC 60.210. Permit application. (a) A person required by 18 AAC 60.200 to have 

a permit shall submit a completed and signed application to the department as required by 

18 AAC 15. If the proposed operation will be located in or might affect the coastal zone of this 

state, the applicant shall also complete and submit the coastal project questionnaire required by 

11 AAC 110.205. Before submitting an application, the applicant may schedule a preapplication 

scoping meeting with the department. 

(b) Except for an application for a research, development, and demonstration permit 

under 18 AAC 60.213, or an application for biosolids that are to be applied to land under 

18 AAC 60.510 an application for a permit or permit renewal must consist of 

(1) a cover letter that contains 

(A) a statement indicating the class of landfill or the type of operation for 

which the permit is sought, and evidence showing that the proposed facility meets the 

description of that type of facility in 18 AAC 60.005(a) or 18 AAC 60.300(c); 

(B) a general narrative description of the site topography, geology, 

climate, surface hydrology, and groundwater hydrology; 

(C) a statement that the applicant is aware of all applicable local 

ordinances, local zoning requirements, and, if appropriate, the requirements of AS 46.40 

and 11 AAC 110 (Alaska Coastal Management Program); and 

(D) information required by 18 AAC 60.820(c) or 18 AAC 60.900 to 

support any waiver requested; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) a completed permit application on a form supplied by the department, or on 

an equivalent form approved by the department; 

(3) drawings, documents, and plans that demonstrate the applicant will meet the 

requirements of the applicable standards in this chapter pertaining to 

(A) the location of the landfill; 

(B) facility design features; 

(C) operations at the site; 

(D) monitoring for signs of pollution or other problems; 

(E) closing landfills; and 

(F) financial assurance for closure and post-closure activities; 

(4) contour drawings and waste disposal volume estimates; 

(5) closure and post-closure cost estimates; 

(6) a disclosure of any anticipated future uses of the property; 

(7) a copy of the deed to the property for the facility, or of some other instrument 

that is routinely examined during a title search and that identifies the landowner; that copy must 

be accompanied by a 

(A) copy of any lease agreement that is clearly relevant to the proposed 

activity; or 

(B) written statement signed by the landowner, showing that the 

landowner consents to the proposed activity, and agrees to the placement of a notation on 

the deed or other instrument as required by 18 AAC 60.395(i), 18 AAC 60.396(b), and 

18 AAC 60.490; and 

(8) the permit application review fee and any applicable one-time fees required 

by Table I – 3 in 18 AAC 60.700(a). 

(c) For a landfill that accepts more than five tons of waste per day, on an annual basis, 

the owner or operator shall ensure that a permit application or renewal described in this section 

is signed and sealed by a registered engineer verifying that the 

(1) narrative description submitted to meet the requirements of (b)(1)(B) is 

correct; 

(2) drawings, documents, and plans submitted to meet the requirements of 

(b)(3)(C), (b)(3)(D), and (b)(4) of this section are complete and accurate; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(3) drawings, documents, and plans submitted to meet the requirements of 

(b)(3)(A) of this section clearly and accurately show how the facility will meet the requirements 

of this chapter; 

(4) estimate and calculations submitted to meet the requirements of (b)(3)(B) and 

(b)(5) of this section are complete and correct; and 

(5) closure plan submitted to meet the requirements of (b)(3)(E) of this section is 

feasible. 

(d) If an application is deficient, the department will notify the applicant and will 

describe the deficiencies. When the deficiencies are corrected, the application will be considered 

complete for purposes of 18 AAC 15.050, and the department will continue processing the 

application. (Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 10/29/98, Register 148; 

am 7/11/99, Register 151; am 6/30/2002, Register 162; am 9/7/2002, Register 163; am 9/5/2010, 

Register 195) 

Authority: AS 44.46.020 AS 46.03.010 AS 46.03.100 

AS 44.46.025 AS 46.03.020 AS 46.03.110 

18 AAC 60.213. Research, development, and demonstration permits. (a) The owner 

or operator of a permitted Class I MSWLF with a liner approved under 18 AAC 60.330 and a 

leachate collection system designed and constructed to maintain less than a 12-inch depth of 

leachate on the liner may apply for a research, development, and demonstration permit if the 

owner or operator proposes to utilize innovative and new methods that vary from one or more of 

the following requirements: 

 (1) the requirement to construct and maintain a run-on control system in 

accordance with 18 AAC 60.225(c); 

 (2) the restrictions under 18 AAC 60.360(a)(1)(B) on the placing of bulk or 

noncontainerized liquid wastes in the MSWLF. 

(b) The application for a research, development, and demonstration permit must be 

submitted to the department using a form provided by the department. The application must 

include 

 (1) a cover letter that contains 

 

 (A) a statement that the applicant seeks a research, development, and 

demonstration permit; 

 (B) a statement that identifies the requirement listed in (a) of this section 

from with the applicant requests a variance; and 

 (C) a brief general description of the site topography, geology, climate, 

surface hydrology, and groundwater hydrology; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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 (2) documentation demonstrating that the leachate collection system is designed 

and constructed to maintain a leachate depth of less than 12 inches; 

 (3) a research plan that includes a detailed description of the proposed research 

project and a detailed statement of project goals; 

 (4) waste types and quantities that will be managed as part of the research, 

development, and demonstration project; 

 (5) an operation and contingency plan specific to the proposed research, 

development, and demonstration project; 

 (6) drawings that show changes to the facility based on the proposed research, 

development and demonstration project; 

 (7) a monitoring plan that includes monitoring specific to the proposed research, 

development, and demonstration project; 

 (8) a corrective action plan that describes procedures that will be taken if the 

proposed research, development, and demonstration project results in landfill damage, 

environmental damage, or improper waste disposal; and 

 (9) other information that the department requests and that the department 

considers relevant to compliance by the applicant with this chapter. 

 (c) The department will assess fees in accordance with 18 AAC 60.700(f) for a research, 

development, and demonstration permit. 

 (d) In addition to applying the criteria in 18 AAC 60.215(a)(1) – (9), the department will 

issue a research, development, and demonstration permit only if the applicant demonstrates, to 

the department’s satisfaction, that 

 (1) the proposed project includes a defined project goal and quantitative methods 

to measure progress toward that goal; and 

 (2) the criteria and innovative and new methods proposed for the project are at 

least as protective of human health and the environment as the criteria for a Class I MSWLF 

permit issued under this chapter. 

 (e) In a research, development, and demonstration permit, the department will include 

conditions that 

 (1) only allow the MSWLF to accept waste types and quantities relevant to the 

research proposal and approved by the department; and 

 (2) require, during the life of the permit, the submission of progress reports every 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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six months; each progress report must include 

 

 (A) a description of progress towards the stated project goals; 

 (B) a summary of all monitoring and testing results; 

 (C) operating information related to permit conditions required by the 

 department; and 

 (D) any problems encountered during the reporting period. 

 (f) The department will not issue a research, development, and demonstration permit for 

a term longer than three years. The department will not renew a permit 

 (1) more than three times; and 

 (2) unless the applicant submits a request for renewal in writing, using a form 

provided by the department; the request must include 

 (A) a detailed assessment of the project, showing the status with respect 

to achieving project goals, and a list of problems and progress towards resolution of those 

 problems; and 

 (B) other information that the department requests and that the 

department considers relevant to compliance by the applicant with this chapter. 

(Eff. 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

 AS 46.03.010 AS 46.03.110 AS 46.06.010 

 AS 46.03.020 AS 46.03.800 AS 46.06.080 

18 AAC 60.215. Permit issuance. (a) Except for a research, development, and 

demonstration permit issued under 18 AAC 60.213, the department will issue or deny a permit 

after reviewing information contained in the application and the public record, based upon the 

(1) applicable provisions of this chapter and 18 AAC 15; 

(2) air quality control regulations in 18 AAC 50; 

(3) water quality standards in 18 AAC 70; 

(4) wastewater disposal regulations in 18 AAC 72; 

(5) drinking water standards in 18 AAC 80; 

(6) Alaska Coastal Management Program, AS 46.40, if applicable; 
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(7) Alaska Historic Preservation Act, AS 41.35.010 - 41.35.240; 

(8) long-term stability of the facility and related structures in areas subject to 

natural events such as aufeis, floods, earthquakes, avalanches, landslides, mudflows, land 

slippage, or thaw-unstable permafrost; and 

(9) applicant's compliance history while conducting other operations regulated by 

the department under this title, including any notice of violation, mandatory compliance order, 

consent order, and any other administrative, civil, or criminal enforcement action; an applicant’s 

compliance history will constitute sufficient basis for denial of approval if, in the department’s 

determination, that history shows a pattern or practice of noncompliance that demonstrates the 

applicant’s unwillingness or inability to achieve or maintain compliance with provisions of this 

chapter. 

(b) The department will attach conditions to the permit 

(1) to ensure compliance with applicable state law; 

(2) that incorporate the standards of this chapter relating to siting, design, 

construction, operation, and closure of the facility; and 

(3) to ensure that dust, odor, and safety hazards are kept to a minimum. 

 (c) The permittee shall provide timely, adequate notice to the department of any change 

in the permittee's mailing address or physical residence. (Eff. 1/28/96, Register 137; am 6/28/96, 

Register 138; am 10/29/98, Register 148; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.010 

AS 46.03.020 AS 46.03.800 AS 46.06.080 

18 AAC 60.217. Separation from groundwater. A new unlined landfill or a lateral 

expansion of a landfill may not be located closer than 10 feet above the highest measured level 

of an aquifer of resource value unless the landfill is constructed two feet or more above the 

natural ground surface. (Eff. 10/29/98, Register 148; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.220. Access requirements. Except for a facility that treats or disposes of 

biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510, the owner or operator of a facility 

subject to the permit requirements of AS 46.03.100 or this chapter shall 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(1) control public access; 

(2) prevent unauthorized vehicular traffic and illegal dumping of wastes by using 

artificial barriers, natural barriers, or both; the requirements of this paragraph do not apply to a 

Class III MSWLF unless it is connected to a major road system; 

(3) ensure that public salvaging, if allowed, is performed in an area that does not 

hinder facility operations, create a safety hazard, or cause pollution; and 

(4) ensure that access and onsite roads under the operator’s control are kept 

passable and safe for vehicles during normal hours of operation. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.225. Surface water requirements. (a) The owner or operator of a solid 

waste disposal facility may not allow the placement of solid waste in surface water unless that 

placement is allowed in a permit issued under AS 46.03.100 and this chapter. 

(b) Except for an inert waste landfill, an asbestos landfill, or a Class III MSWLF that 

meets the standards in18 AAC 60.300(c)(3)(B), the owner or operator of a landfill shall 

(1) remove all ponded water that is in contact with waste within seven days after 

the formation of the pond unless another dewatering schedule is specified in a permit issued 

under AS 46.03.100 and this chapter; 

(2) if the department determines that a control system for stormwater run-off is 

necessary to prevent the landfill from contributing to siltation or flooding problems in nearby 

surface water bodies construct and maintain a control system capable of containing and 

controlling the run-off from a 24-hour, 25-year storm; and 

(3) prevent, contain, or control visible leachate seeps at the boundary of the waste 

management area. 

(c) Except for a Class III MSWLF that meets the conditions of 18 AAC 60.300(c)(3)(B), 

or a Class I MSWLF with a research, development, and demonstration permit under 18 AAC 

60.213 that allows the Class I MSWLF to utilize methods that vary from the requirements of this 

subsection, the owner or operator of a solid waste disposal facility shall construct and maintain a 

control system that will prevent run-on from flowing onto the active portion of the facility. The 

control system must be capable of handling the peak discharge from a 25-year storm. 

(d) The owner or operator of an inert waste landfill, an asbestos landfill, or a Class III 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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MSWLF that meets the standards of 18 AAC 60.300(c)(3)(B) shall 

(1) minimize contact between stormwater and the waste; 

(2) construct and operate the landfill so that seasonal flooding is temporary in 

duration and ponded water is removed within 30 days; and 

(3) prevent, contain, or control visible leachate seeps at the boundary of the waste 

management area if the department determines that leachate control measures are necessary to 

prevent a potential threat to public health, safety, or welfare. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.010 

AS 46.03.020 AS 46.03.800 AS 46.06.080 

18 AAC 60.227. Landfills located on permafrost. (a) The department will not 

approve the construction of a landfill on a site underlain by permafrost unless the owner or 

operator can demonstrate that a practical alternative to the site chosen does not exist. 

(b) Landfills on permafrost must be designed and operated so that the permafrost 

remains frozen to the greatest extent practical, and water does not pool anywhere on the site. 

(c) If a landfill underlain by permafrost begins to settle so that water is pooling on the 

site, the owner or operator shall take corrective action to eliminate all water pooling or close the 

landfill within 90 days after the pooling begins. (Eff. 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.228. Exemptions for freezeback landfills. (a) Subject to (d) of this 

section, the department will not require the installation of a liner, groundwater monitoring, or 

methane gas monitoring for a landfill located in permafrost regions if the owner or operator of 

the landfill demonstrates that 

(1) the landfill site is designed, developed, and operated to prevent permafrost 

degradation and to ensure all of the waste will freeze with the permafrost and remain frozen; 

(2) a sufficient number of temperature sensing devices are installed and 

monitored to detect any thawing in the waste; 

(3) oils, liquids from spill cleanups, and waste that is incompatible with 

freezeback will not be placed in the landfill; and 

 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(4) after closure, the waste will remain frozen. 

(b) The owner or operator of a landfill that is subject to this section shall monitor for 

temperature and erosion during the active life and during post-closure of the landfill. 

(c) If any portion of a landfill that is subject to this section thaws during the active life or 

during the post-closure care period, the owner or operator shall take corrective measures to refreeze the waste or begin groundwater monitoring and corrective action in compliance with 18 

AAC 60.800 - 18 AAC 60.860. 

(d) For a Class I MSWLF, the demonstration required by (a) of this section must also 

contain the demonstration required by 18 AAC 60.820(c). (Eff. 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

 AS 46.03.010 AS 46.03.100 AS 46.06.080 

18 AAC 60.230. Disease vector, wildlife, and domestic animal control. (a) The 

owner or operator of a facility subject to the permit requirements of AS 46.03.100 and this 

chapter shall manage the facility so that 

(1) disease vectors do not endanger public health, safety, or welfare or create a 

nuisance; 

(2) wildlife and domestic animals do not endanger public health, safety, or 

welfare, become harmed by contact with the waste; or become a nuisance; the requirements of 

this paragraph do not apply to a Class III MSWLF. 

(b) The owner or operator of a Class III MSWLF shall minimize, to the extent practical, 

access by wildlife and domestic animals to putrescible waste deposited at the MSWLF. (Eff. 

1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.233. Controlling impacts outside facility boundaries. The owner or 

operator of a landfill or solid waste treatment works shall ensure that 

(1) a minimum setback of 50 feet is kept between the waste management area 

and the property line of the facility; and 

(2) dust, odor, noise, traffic, and other effects from the operation of the facility do 

not become a nuisance or a hazard to the public health, safety, or welfare. (Eff. 10/29/98, 

Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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AS 46.03.020 AS 46.03.800 

 

18 AAC 60.235. Recordkeeping requirements. (a) The owner or operator of a facility 

subject to the permit requirements of this chapter shall maintain an “operating record.” The 

record must be retained at a location that is readily accessible for department review and by 

employees working at the facility. The record must consist of 

(1) the permit application and the permit; 

(2) inspection records, training procedures, and notification procedures, if 

required by 18 AAC 60.240; 

(3) any demonstration, certification, finding, monitoring, testing, or analytical 

data required by 18 AAC 60.800 - 18 AAC 60.860; 

(4) any permit or record required under the Clean Water Act as that Act applies 

to leachate and stormwater discharges; 

(5) financial assurance documentation if required under 18 AAC 60.265; 

(6) the operating plan required in 18 AAC 60.210(b)(3)(C); 

(7) as-built drawings of the landfill; and 

(8) any other documents required by this chapter to be kept in the operating 

record. 

(b) Upon request, the owner or operator shall furnish the operating record to the 

department, or shall make it available at reasonable times for department inspection. 

(Eff. 1/28/96, Register 137; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.240. Procedures to exclude receipt of hazardous waste. (a) The owner or 

operator of a landfill shall 

(1) post a clearly legible sign at the entrance to the landfill notifying users that 

disposal of regulated hazardous waste and polychlorinated biphenyls (PCB) waste is prohibited; 

and 

(2) provide written notification to the department and EPA if a regulated 

hazardous waste or PCB waste is found at the facility. 

(b) Except for a Class III MSWLF, the owner or operator of a landfill shall implement a 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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program at the facility to detect and prevent the disposal of regulated hazardous waste and PCB 

waste as defined in 40 C.F.R. 761.3, revised as of July 1, 1998, adopted by reference. The 

program must include the following items at a minimum: 

(1) random inspections of incoming loads or other methods to minimize the risk 

that incoming loads will contain a regulated hazardous waste or PCB waste; 

(2) maintenance of records of any inspections performed under (1) of this 

paragraph; and 

(3) training of appropriate facility personnel to recognize regulated hazardous 

waste and PCB waste; for purposes of this paragraph, training may include that described in the 

EPA’s technical manual entitled Solid Waste Disposal Facility Criteria, Subpart C Operating 

Criteria, EPA530-R-93-017, November 1993, as amended through April 13, 1998. 

(c) The requirements of this section do not apply to a facility that treats or disposes of 

biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

Editor’s note: - The United States Environmental Protection Agency manual referred to in 

18 AAC 60.240 may be reviewed at the department’s offices in Anchorage, Fairbanks, and 

Juneau. Copies may be obtained from National Technical Information Services, 5285 Port Royal 

Road, Springfield, Virginia 22161. 

18 AAC 60.243. Intermediate cover. (a) Except for a facility that treats or disposes of 

biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510 and a facility for disposal of waste 

that has a permit under AS 46.03.100 and this chapter to contain fluids, the owner or operator of 

a landfill shall apply an intermediate cover to any inactive portion of a landfill within seven days 

after the waste is last deposited in that area, using a soil material at least 12 inches thick, graded 

to prevent water from ponding. 

(b) For purposes of this section, "inactive portion" means an area of a landfill that does 

not receive waste for a period of 90 days or more. (Eff. 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

 AS 46.03.020 AS 46.03.800 

18 AAC 60.245. Prompt closure. (a) Except where a different time is specified in 18 

AAC 60.395(f) or is otherwise approved by the department, the owner or operator of a landfill 

shall place the final cover on those waste management areas that have reached final elevation 

within 90 days after the last waste placement. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

27 

(b) The requirements of this section do not apply to an inactive drilling waste disposal 

site. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.250. Existing permits and permit renewal. (a) In addition to the 

requirements of this section, permit renewal under this chapter is also subject to the permit 

renewal requirements of 18 AAC 15 and the fee requirements of 18 AAC 60.700. 

(b) If an applicant for permit renewal must undertake a construction project or needs 

additional time to install monitoring or other equipment, the department will negotiate a 

compliance schedule as part of the renewal. 

(c) An application for permit renewal must be submitted at least 30 days before the 

permit expires. (Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 9/7/2002, Register 

163) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.810 

AS 44.46.025 AS 46.03.100 AS 46.06.080 

AS 46.03.010 AS 46.03.110 

18 AAC 60.255. General permit. (a) The department will issue a general permit 

covering a group of facilities subject to the permit requirements of this chapter, or to a group of 

activities, if the facilities or activities in the group 

(1) involve the same type of waste handling systems; 

(2) dispose of the same type of solid waste; 

(3) will not threaten public health, safety, or welfare, or the environment; and 

(4) are, in the department's determination, best regulated under a general permit. 

(b) The department will restrict a general permit to a limited region of the state if the 

department determines that the safe management and disposal of the waste depends on 

conditions found in that region and a general permit will protect the public health, safety, and 

welfare, and the environment. 

(c) An applicant for a general permit shall submit to the department a petition in which 

the applicant demonstrates that the facilities or activities to be covered meet the conditions 

described in (a) of this section. If the proposed general permit will authorize activities that are 

located in or may affect a coastal zone, the applicant shall also complete and submit the coastal 

project questionnaire required by 11 AAC 110.205. A general permit may be sought by a single 

owner or operator, but the department will give priority to applications jointly submitted by two 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

28 

or more owners or operators of facilities that would be subject to the general permit. If the 

department approves an application for a general permit under this section or, on its own motion, 

proposes to create a general permit, the department will publish notice of the proposed permit in 

two issues of a newspaper of general circulation in the area where the waste management is to 

take place and in other media that the department considers appropriate. The notice will 

summarize the proposed permit, state where the waste management is to be allowed, state where 

copies of the proposed permit and supporting documents may be obtained, and state that any 

person who wants to express an opinion to the department may send written comments to the 

department within 30 days. The department will send a copy of the public notice and the 

proposed general permit and supporting documents to the commissioners of 

(1) fish and game; 

(2) natural resources; 

(3) deleted; 

(4) commerce, community, and economic development; and 

(5) health and social services. 

(d) After the time for public comment expires, the department will grant or deny the 

application for a general permit or, if the general permit is one proposed by the department, will 

issue the permit, or decide to take no action on the proposal. A copy of the department's decision 

will be sent to the applicant and to any person who submitted written comments on the proposed 

general permit. The decision will include a statement that any person who is aggrieved by the 

decision may request an adjudicatory hearing under 18 AAC 15. 

(e) A general permit will contain criteria by which facilities may qualify for coverage 

under the general permit. A person who seeks to be covered under a general permit issued under 

this section may submit an application to the department on a form provided by the department 

or in accordance with the conditions of the general permit. The application must be 

accompanied by the annual fee identified in Table I-4 in 18 AAC 60.700(a). In addition, the 

application must 

(1) be submitted within the time period identified in the form for the general 

permit under which coverage is sought; and 

(2) clearly show how the proposed activity meets the criteria and conditions of 

the general permit. 

(f) The department will notify the applicant of its decision to grant or deny an 

application for coverage under a general permit within 30 days after receiving a complete 

application under (e) of this section. 

(g) Upon 30 days written notice to the permittee, the department will modify, revoke and 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

29 

reissue, or terminate the coverage of a general permit to a specific facility without opportunity 

for a pre-revocation hearing, and will require that facility to obtain an individual permit if 

operations under the general permit might threaten public health or the environment. Situations 

indicative of such a threat include the following: 

(1) the facility does not comply with a material provision of the general permit; 

(2) there is a material change in the operation or in the type or quantity of waste 

for which the general permit was issued; or 

(3) the permit was procured by misrepresentation of material fact or by failure of 

the applicant to fully disclose the material facts relating to its issuance. 

 (h) Notwithstanding 18 AAC 15.195 – 18 AAC 15.340, a person who disagrees with a 

department action taken under (g) of this section may request review by the director of the 

department's division responsible for issuing permits under this chapter. A request under this 

subsection must be submitted within 30 days after the action is taken and must be accompanied 

by a written discussion that sets out the reasons why the department's action is thought to be 

erroneous. The director shall issue a written decision on the matter within 30 days after 

receiving the request. A decision under this subsection is a final agency decision subject to 

judicial review under the applicable Rules of Appellate Procedure. 

(i) Repealed 9/5/2010. 

 

(j) Beginning with the calendar year following the department’s approval of an 

application for coverage under a general permit, the owner or operator shall pay the applicable 

annual fee within 60 days after the date of billing. (Eff. 1/28/96, Register 137; am 6/28/96, 

Register 138; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 7/11/2002, Register 

163; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

 AS 44.46.025 AS 46.03.110 AS 46.06.010 

AS 46.03.010 AS 46.03.800 AS 46.06.080 

 AS 46.03.020 

Editor’s note: As of Register 171 (October 2004), the regulations attorney made 

technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of 

Community and Economic Development to the Department of Commerce, Community, and 

Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the 

commissioner of community and economic development. 

As of Register 171 (October 2004), 18 AAC 60.255(c)(3) was deleted by the regulations 

attorney because that paragraph was redundant with 18 AAC 60.255(c)(4). 

18 AAC 60.260. Permit termination and modification. (a) Repealed 9/5/2010. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

30 

(b) No later than 30 days before terminating or modifying under AS 46.03.120 a permit 

issued under this chapter, other than a general permit subject to termination or modification 

under AS 46.03.120 and 18 AAC 60.255, the department will issue a written notice of 

termination or modification. In the notice, the department will 

(1) include a clear, detailed statement describing reasons for the department's 

decision, including acts or omissions of the permittee that led to the department's decision to 

modify or revoke; 

(2) clearly specify the statute, regulation, or permit condition the permittee is 

alleged to have violated, including the nature of the violation; and 

(3) state that the permittee may request an immediate hearing before the 

commissioner or the commissioner’s designee, if the request is submitted to the commissioner 

within 10 days after receipt of the notice; a request for hearing must include a written statement 

of reasons why the permittee believes the department's decision to be in error; failure to file a 

timely request for hearing constitutes a waiver of the permittee's right to a hearing. 

(c) A hearing under this section will be held no later than 10 days after a request for 

hearing is received under (b) of this section, and the commissioner or the commissioner’s 

designee will issue a written decision no later than 10 days after the hearing. A decision under 

this subsection is a final agency decision subject to judicial review. A hearing under this section 

will be recorded and will adhere to the evidence rules described in AS 44.62.460. 

(d) If the permittee and the department agree to delay the hearing for more than 30 days 

after the notice is issued under (b) of this section, the department's decision remains in effect 

unless the permittee requests and is granted a stay by the commissioner or commissioner’s 

designee. A request for a stay must meet the requirements of 18 AAC 15.210. (Eff. 1/28/96, 

Register 137; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.850 

AS 46.03.010 AS 46.03.120 

AS 46.03.020 AS 46.03.820 

18 AAC 60.265. Proof of financial responsibility. Unless the applicant has provided 

equivalent surety through a government agency or has demonstrated financial assurance under 

18 AAC 60.398, the department will require proof of financial responsibility to cover the cost of 

closing a landfill and, if monitoring is required, the cost of post-closure monitoring if the 

department determines proof of financial responsibility is necessary to protect the public health, 

safety, or welfare, or the environment. Proof of financial responsibility under this section may 

be demonstrated by self-insurance, insurance, surety, or other guarantee approved by the 

department to assure compliance with applicable closure standards and post-closure monitoring 

requirements. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.830 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.810 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

31 

18 AAC 60.270. Termination of post-closure obligations. (a) Whether or not a permit 

required by this chapter has been issued, once waste disposal commences at a facility subject to 

this chapter, the owner and operator are subject to all applicable provisions of this chapter until 

the owner or operator of the facility requests, and is granted approval by the department to 

terminate post-closure care required by 18 AAC 60.396, 18 AAC 60.397, or 18 AAC 60.490. 

(b) Within 30 days after receipt of a complete request, the department will review a 

request for approval to terminate post-closure care under the requirements of this chapter. The 

request must include 

(1) a report on the findings of the post-closure monitoring; 

(2) drawings, photographs, and other documentation concerning the condition of 

the landfill at the time of the request; and 

(3) an analysis of any potential problems at the landfill, including settlement, 

erosion, cracking, and slope instability, and what evidence will indicate a problem has 

developed. 

(c) The department will approve a request to terminate the post-closure care 

requirements if the department finds that the facility does not pose a threat to public health, 

safety, or welfare, or to the environment. 

(d) If the department, after it approves a request under (c) of this section, determines that 

the circumstances under which the approval was granted have changed to the extent that the 

facility that was granted approval under (c) of this section poses a threat to public health, safety, 

or welfare, or to the environment, the owner or operator of the facility must comply with the 

provisions of 18 AAC 60.800 - 18 AAC 60.860. (Eff. 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Article 3. Municipal Solid Waste Landfills.

Section 

300. Purpose, scope, and applicability; classes of MSWLF 

305. Airport safety 

310. Floodplains 

315. Wetlands 

320. Fault areas, seismic impact zones, and unstable areas 

325. (Repealed) 

330. Design standards 

333. Air quality control 

335. Minimum operator qualifications for a Class I MSWLF 

340. Cover material requirements for a Class I or Class II MSWLF 

345. Cover material, working face, and litter control requirements for 

a Class III MSWLF 

350. Control of explosive gases 

355. Open burning 

360. Liquids restrictions 

365. Co-disposal of sewage solids 

370. (Repealed) 

375. Corrective action at a MSWLF 

380. MSWLF recordkeeping requirements 

385. Closure of existing MSWLF 

390. Closure standards for a Class III MSWLF 

395. Closure standards for a Class I or Class II MSWLF 

396. Post-closure care requirements for a Class III MSWLF 

397. Post-closure care requirements for a Class I or Class II MSWLF 

398. Financial assurance for a Class I or Class II MSWLF 

18 AAC 60.300. Purpose, scope, and applicability; classes of MSWLF. (a) The 

purpose of 18 AAC 60.300 - 18 AAC 60.397 is to establish minimum standards for owners and 

operators of municipal solid waste landfills (MSWLF). Location standards are established in 

18 AAC 60.305 - 18 AAC 60.320. Design standards are established in 18 AAC 60.330. 

Operating standards, which must be applied in conjunction with 18 AAC 60.220 - 18 AAC 

60.240, are established in 18 AAC 60.335 - 18 AAC 60.380. Closure standards, which must be 

applied in conjunction with 18 AAC 60.245, are established in 18 AAC 60.385 - 18 AAC 

60.397. 

(b) Except as otherwise specifically provided in this chapter, the standards described in 

(a) of this section apply to the owner or operator of a new or existing MSWLF or a lateral 

expansion. 

(c) A Class I, Class II, and Class III MSWLF shall meet the specific requirements of 

18 AAC 60.305 - 18 AAC 60.397. For purposes of this chapter, classifications are as follows: 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

33 

(1) a Class I MSWLF is a landfill that 

(A) accepts, for incineration or disposal, 20 tons or more of municipal 

solid waste and other solid wastes daily, based on an annual average; or 

(B) does not qualify as a Class II or Class III MSWLF; 

(2) a Class II MSWLF is a landfill that 

(A) accepts, for incineration or disposal, less than 20 tons daily of 

municipal solid waste or other solid wastes based on an annual average; 

(B) is located on a site where there is no evidence of groundwater 

pollution caused or contributed to by the landfill; 

 (C) is not connected by road to a Class I MSWLF or, if connected by 

road, is located more than 50 miles from a Class I MSWLF; and 

(D) serves a community 

(i) that experiences for at least three months each year, an 

interruption in access to surface transportation, preventing access to a Class I 

MSWLF; or 

(ii) with no practicable waste management alternative, with a 

landfill located in an area that annually receives 25 inches or less of precipitation; 

and 

 (3) a Class III MSWLF is a landfill that is not connected by road to a Class I 

MSWLF or, if connected by road, is located more than 50 miles from a Class I MSWLF, and that 

accepts, for disposal, 

(A) ash from incinerated municipal waste in quantities less than one ton 

daily on an annual average, which ash must be free of food scraps that might attract 

animals; or 

(B) less than five tons daily of municipal solid waste, based on an annual 

average, and is not located in a place 

(i) where public access is restricted, including restrictions on the 

right to move to the place and reside there; or 

(ii) that is provided by an employer and that is populated totally by 

persons who are required to reside there as a condition of employment and who 

do not consider the place to be their permanent residence. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

34 

(d) Under a schedule approved by the department, but no more than two years after a 

(1) Class II MSWLF exceeds the limits set in (c)(2) of this section, the Class II 

MSWLF must meet the requirements for a Class I MSWLF; or 

(2) Class III MSWLF exceeds the limits set in (c)(3) of this section, the Class III 

MSWLF must meet the requirements for a Class II MSWLF. 

(e) In addition to receiving household waste, a MSWLF may also receive other types of 

waste regulated under 42 U.S.C. 6941 - 6949a (RCRA, Subtitle D), such as commercial solid 

waste, nonhazardous sludge, and industrial solid waste; a MSWLF may be publicly or privately 

owned. 

(f) The owner or operator must provide written notification to the department within 

seven days after the owner or operator learns that a MSWLF has polluted, or may have polluted, 

an aquifer. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.305. Airport safety. (a) The owner or operator of a new or existing 

MSWLF or a lateral expansion located within 10,000 feet of an airport runway end used by 

turbojet aircraft, or within 5,000 feet of an airport runway end used by only piston-type aircraft, 

shall demonstrate that the MSWLF is designed and operated so that it does not pose a bird 

hazard to aircraft. 

(b) An owner or operator proposing to site a new MSWLF or a lateral expansion within 

a five-mile radius of an airport runway end used by turbojet or piston-type aircraft shall notify 

the affected airport and the Federal Aviation Administration at the time the permit application is 

submitted to the department. 

(c) The owner or operator shall retain the documentation used to satisfy (a) of this 

section in the operating record. 

(d) In this section, 

(1) "airport" means a place for the landing and take-off of aircraft, which place is 

open to the public without prior permission; and 

(2) "bird hazard" means an increase in the likelihood of bird-aircraft collisions 

that might cause damage to the aircraft or injury to its occupants. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

35 

18 AAC 60.310. Floodplains. (a) The owner or operator of a new or existing MSWLF 

or a lateral expansion located in a 100-year floodplain shall demonstrate that the MSWLF will 

not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the 

floodplain, or result in washout of solid waste that would pose a hazard to public health or the 

environment. 

(b) The owner or operator shall retain the documentation used to satisfy (a) of this 

section in the operating record. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

18 AAC 60.315. Wetlands. A new MSWLF or a lateral expansion of an existing 

MSWLF may not be located in wetlands, unless the owner or operator demonstrates that 

(1) to the extent required by or under 33 U.S.C. 1344 (Clean Water Act, 

sec. 404), as amended through December 6, 1995, there is no practical alternative landfill site 

available except other wetlands; 

(2) construction and operation of the MSWLF will not 

(A) cause or contribute to a violation of an applicable water quality 

standard under 18 AAC 70; 

(B) violate an applicable toxic effluent standard or prohibition set out in, 

or established under, 33 U.S.C. 1317 (Clean Water Act, section 307), as amended 

through December 6, 1995; 

 

(C) jeopardize the continued existence of an endangered or threatened 

species or result in the destruction or adverse modification of a critical habitat protected 

under 16 U.S.C. 1531 - 1544 (Endangered Species Act of 1973), as amended through 

December 6, 1995; and 

(D) violate a requirement of 33 U.S.C. 1401 - 1445 (Marine Protection, 

Research, and Sanctuaries Act of 1972), as amended through December 6, 1995, for the 

protection of a marine sanctuary; 

(3) the MSWLF will not cause or contribute to significant degradation of 

wetlands; the owner or operator shall demonstrate the integrity of the MSWLF and its ability to 

protect ecological resources by addressing 

(A) erosion, stability, and migration potential of 

(i) native wetland soils, muds, and deposits used to support the 

MSWLF; and 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(ii) dredged and fill materials used to support the MSWLF; 

(B) the volume and chemical nature of the waste managed in the 

MSWLF; 

(C) effects on fish, wildlife, and other aquatic resources and their habitat 

from release of the solid waste; 

(D) potential effects of catastrophic release of waste to the wetland and 

the resulting impacts on the environment; and 

(E) any additional factors necessary to demonstrate that ecological 

resources in the wetland are sufficiently protected; 

(4) to the extent required under 33 U.S.C. 1344 (Clean Water Act, sec. 404), as 

amended through December 6, 1995, or applicable state wetlands laws, steps have been taken to 

achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to 

wetlands to the maximum extent practical, then minimizing unavoidable impacts to the 

maximum extent practical, and finally offsetting remaining unavoidable wetland impacts through 

all appropriate and practical compensatory mitigation actions such as restoration of existing 

degraded wetlands or creation of manmade wetlands; and 

(5) sufficient information is available to fully support the demonstrations 

required under this section. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 

18 AAC 60.320. Fault areas, seismic impact zones, and unstable areas. (a) A new 

Class I MSWLF or a lateral expansion of an existing Class I MSWLF may not be located 

(1) within 200 feet of a fault visible at the surface or shown on a published 

topographical or geological map, that has had displacement in Holocene time, unless the owner 

or operator demonstrates that an alternative setback distance of less than 200 feet will prevent 

damage to the structural integrity of the MSWLF and will protect public health and the 

environment; or 

(2) in a seismic impact zone, unless the owner or operator demonstrates that all 

containment structures, including liners, leachate collection systems, and surface water control 

systems, are designed to resist the maximum horizontal acceleration in the lithified earth material 

for the site, as affected by site conditions, so that the landfill will continue to control pollution. 

(b) The owner or operator of a new or existing MSWLF or a lateral expansion located in 

an unstable area shall demonstrate that engineering measures have been incorporated into the 

MSWLF's design to ensure that the integrity of the structural components of the MSWLF will 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

37 

not be disrupted. The owner or operator shall consider, at a minimum, the following factors to 

determine whether an area is unstable: 

(1) known onsite or local soil conditions that more likely than not will result in 

differential settling or ground failure under static conditions during an earthquake; 

(2) known onsite or local geologic or geomorphologic features that pose a 

potential risk to the integrity of containment structures; and 

(3) known onsite or local human-made surface and subsurface features or events. 

(Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 

18 AAC 60.325. Permafrost landfills. Repealed. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148; repealed 9/7/2002, Register 163) 

18 AAC 60.330. Design standards. (a) The design standards in this section 

supplement 18 AAC 60.220 - 18 AAC 60.230 and apply to a new Class I MSWLF or lateral 

expansion of an existing Class I MSWLF or a landfill that accepts polluted soil. These design 

standards apply to a Class II MSWLF, and if the department so decides, to a Class III MSWLF, 

only if 

(1) the department has evidence that leachate from the site is polluting an aquifer 

of resource value; or 

(2) finds that a liner and leachate collection system of appropriate design is 

necessary to protect public health or the environment. 

(b) The owner or operator of a MSWLF subject to this section shall ensure that the 

MSWLF is constructed 

(1) in accordance with a design approved by the department; the design must 

ensure that the maximum contaminant levels listed in 40 C.F.R. 258.40, Table 1, as amended 

through December 6, 1995, adopted by reference in this chapter, will not be exceeded in the 

uppermost aquifer at the relevant point of compliance, established in accordance with 18 AAC 

60.825(c); or 

(2) with a composite liner, described in (c) of this section, and a leachate 

collection system designed and constructed to maintain less than a 12-inch head of leachate over 

the liner. 

(c) For purposes of (b)(2) of this section, a composite liner consists of a flexible 

membrane liner (FML) installed on top of, and in direct and uniform contact with a compacted 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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soil layer. The FML must be at least 30 mils thick unless it is made of high density polyethylene 

(HDPE), which must be at least 60 mils thick. The compacted soil component layer must be at 

least two feet thick and must have a hydraulic conductivity of no more than 1 x 10-7 centimeters 

per second. 

(d) In approving a design under (b)(1) of this section, the department will consider at 

least the following factors: 

(1) the hydrogeologic characteristics of the facility and surrounding land; 

(2) the climatic factors of the area; and 

(3) the volume and physical and chemical characteristics of the leachate. (Eff. 

1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.333. Air quality control. In addition to the applicable requirements of 

AS 46.03 and this chapter, certain MSWLFs are subject to applicable permit and other 

requirements of 18 AAC 50 dealing with air quality control if 

(1) the landfill accepted waste on or after November 8, 1987; and 

(2) the landfill design capacity meets either of the following: 

(A) 2.5 million megagrams or larger; or 

(B) 2.5 million cubic meters or larger. (Eff. 10/29/98, Register 148) 

Authority: AS 46.03.020 AS 46.03.080 

18 AAC 60.335. Minimum operator qualifications for a Class I MSWLF. A Class I 

MSWLF must have at least one qualified landfill operator or manager on its staff at all times. 

For purposes of this section, "qualified" means a person who 

(1) has at least two years of experience in operating or managing a landfill; and 

(2) maintains a current certification as a landfill operator or manager from the 

Solid Waste Association of North America, or an equivalent certification approved by the 

department. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.020 

AS 46.03.010 AS 46.03.110 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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18 AAC 60.340. Cover material requirements for a Class I or Class II MSWLF. (a) 

 Except as provided in (b)-(d) of this section, the owner or operator of a Class I or Class II 

MSWLF shall cover solid waste with six inches of earthen material at the end of each operating 

day, or at more frequent intervals if necessary to control disease vectors, fire, odor, blowing 

litter, animals, or scavenging. 

(b) A solid waste management unit at a Class I or Class II MSWLF that is being filled 

with municipal waste combustion ash need not be covered unless blowing dust causes or 

contributes to a nuisance or a violation of the air quality standards of 18 AAC 50, or unless 

animals are feeding on unburned scraps in the waste. A municipal waste combustion ash 

monofill must be graded so that the surface will shed water. 

(c) The department will approve an alternative material of an alternative thickness, other 

than that specified in (a) of this section, if the owner or operator demonstrates that the alternative 

material and thickness will control disease vectors, wildlife attraction, fire, odor, blowing litter, 

and scavenging, without posing a threat to public health or the environment. 

(d) The department will waive the requirements of this section if the owner or operator 

demonstrates that there are extreme seasonal climatic conditions that make meeting the 

requirements impractical and that public health and the environment will not be adversely 

affected. 

(e) The vertical face of a bale fill may remain uncovered unless the face exceeds 200 

linear feet, has been inactive for at least seven days, or is causing animal attraction problems. 

(Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.345. Cover material, working face, and litter control requirements for a 

Class III MSWLF. (a) The owner or operator of a Class III MSWLF shall cover disposed solid 

waste with six inches of earthen material, or an alternate material approved by the department, as 

needed to control disease vectors, fire, odor, blowing litter, and scavenging. 

(b) The owner or operator shall ensure that the working face of the landfill is kept as 

small as practical to reduce the potential for windblown litter or attraction of birds and animals. 

(c) The owner or operator shall ensure that litter is 

(1) controlled by fencing or another approved means; and 

(2) removed from access roads and other areas of the facility. (Eff. 1/28/96, 

Register 137) 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

40 

Authority: AS 44.46.020 AS 46.03.100 AS 46.06.080 

AS 46.03.010 AS 46.03.110 AS 46.14.110 

AS 46.03.020 AS 46.03.810 

18 AAC 60.350. Control of explosive gases. (a) The owner or operator of a Class I or 

Class II MSWLF shall ensure that the concentration of methane gas generated by the facility 

does not exceed 

(1) 25 percent of the lower explosive limit for methane in facility structures, 

excluding gas control or recovery system components; and 

(2) the lower explosive limit for methane at the facility property boundary. 

(b) The owner or operator of a MSWLF that contains more than 30,000 cubic yards of 

municipal solid waste, not including ash from a municipal solid waste incinerator, shall 

implement a routine methane monitoring program to ensure that the maximum allowable 

concentrations established in (a) of this section are not exceeded in any structure where the 

release of a gas is because of the landfill. The type and frequency of monitoring must be at least 

quarterly and must be based on the following factors: 

(1) soil conditions; 

(2) the hydrogeologic conditions underlying the facility and adjacent property; 

(3) the hydraulic conditions underlying the facility and adjacent property; and 

(4) the location of facility structures and property boundaries. 

(c) If methane gas levels exceeding the limits set in (a) of this section are detected, the 

owner or operator shall immediately notify the department by telephone and in writing, and shall 

take all necessary steps to reduce or dissipate the concentrations of methane to ensure the public 

health, safety, and welfare. 

(d) Within 60 days after detection under (c) of this section, the owner or operator shall 

implement a long-term remediation plan for the methane gas releases, place a copy of the plan in 

the operating record, and submit written notification to the department that the plan has been 

implemented. 

(e) The owner or operator of a MSWLF that contains less than 30,000 cubic yards of 

municipal solid waste, not including ash from a municipal solid waste incinerator, shall institute 

an explosive gas control program in compliance with this section if the department finds that gas 

control or monitoring is necessary to ensure that there will be no explosion hazard. (Eff. 1/28/96, 

Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

41 

18 AAC 60.355. Open burning. Notwithstanding any rule of 18 AAC 50 that permits 

open burning, open burning is prohibited at a Class I or Class II MSWLF. (Eff. 1/28/96, 

Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

18 AAC 60.360. Liquids restrictions. (a) Bulk or noncontainerized liquid waste may 

not be placed in a MSWLF unless 

 (1) the waste is 

 (A) household waste other than septage; or 

 (B) leachate or gas condensate derived from the MSWLF, and the 

 MSWLF is designed with a bottom liner that meets the standard set in 18 AAC 

60.330(c); or 

(2) the MSWLF is a Class I MSWLF with a research, development, and 

demonstration permit under 18 AAC 60.213 that allows the Class I MSWLF to utilize methods 

that vary from the requirements of (1)(B) of this subsection. 

(b) A container holding liquid waste may not be placed in a MSWLF unless the 

container holds one gallon of liquid or less. 

(c) The site operator shall keep records of leachate recirculation, including how much 

leachate was returned to the waste and when it was returned. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.06.010 

AS 46.03.010 AS 46.03.800 AS 46.06.080 

AS 46.03.020 AS 46.03.810 

18 AAC 60.365. Co-disposal of sewage solids. (a) The requirements of this section 

apply to the owner or operator of a municipal solid waste landfill that co-disposes of sewage 

solids within the boundaries of the MSWLF. 

(b) Sewage solids may not be placed in an active MSWLF if they are regulated 

hazardous wastes, are regulated under 18 AAC 60.020(a), or if they contain concentrations of 

polychlorinated biphenyls (PCB) wastes defined in 40 C.F.R. 761.3, revised as of July 1, 1998, 

adopted by reference. 

(c) Sewage solids may not be placed in an active MSWLF if they contain "free liquids" 

as defined by EPA Method 9095 (Paint Filter Liquids Test), as described in Test Methods for 

Evaluating Solid Waste, Physical/Chemical Methods, (SW-846),Third Edition, including Final 

Update III (December 1996), adopted by reference. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

42 

(d) If sewage solids are placed in a MSWLF, the owner or operator shall meet the vector 

reduction requirement in 40 C.F.R. 503.33(b)(11),adopted by reference in 18 AAC 60.505, or 

one of the 

(1) Class A or Class B pathogen reduction requirements in 40 C.F.R. 503.32, 

adopted by reference in 18 AAC 60.505; and 

(2) the vector attraction reduction requirements of 40 C.F.R. 503.33(b)(1) - (10), 

adopted by reference in 18 AAC 60.505. 

(e) The owner or operator of a Class III MSWLF may dispose of up to 2,500 gallons of 

septage per day in trenches at the landfill if the owner or operator 

(1) constructs and fills one septage disposal trench at a time, ensuring that the 

trench has at least one square foot of wetted surface for each gallon of material disposed on any 

day; 

(2) maintains at least a four-foot separation distance between the seasonal high 

groundwater and the base of the trench; 

(3) constructs each trench in sandy soil with a hydraulic conductivity no less than 

1 x 10-4 centimeters per second and no greater than one centimeter per second; and 

(4) adds hydrated lime or quicklime in a dry form so that a pH of 12 is 

maintained in the septage for at least 30 minutes; and 

(5) ensures that septage does not overflow the trench or accumulate more than 

four feet in depth of liquid. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, 

Register 151; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

Editor’s note: Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW846), adopted by reference in 18 AAC 60.365 is available from National Technical Information 

Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 

22161. It may also be reviewed at the department's Anchorage, Fairbanks, and Juneau Offices, 

and is on file in the Lieutenant Governor’s office. 

18 AAC 60.370. Controlling effects outside facility boundary. Repealed. (Eff. 

1/28/96, Register 137; repealed 10/29/98, Register 148) 

18 AAC 60.375. Corrective action at a MSWLF. The owner or operator of a MSWLF 

shall implement corrective action at the facility when required by 18 AAC 60.815, 18 AAC 

60.820, or 18 AAC 60.860. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

43 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.800 AS 46.09.020 

AS 46.03.020 

18 AAC 60.380. MSWLF recordkeeping requirements. In addition to the 

requirements of 18 AAC 60.235, the owner or operator of a MSWLF shall keep the following 

records, if applicable, in the facility’s operating record: 

(1) a location restriction demonstration as required under 18 AAC 60.305 - 

18 AAC 60.320; 

(2) records of gas monitoring and corrective action related to gas problems as 

required in 18 AAC 60.350. 

(3) the documentation collected in support of a request for reduction in frequency 

of gas monitoring and any remediation plan required by 18 AAC 60.350; 

(4) leachate recirculation records as required by 18 AAC 60.360(c). (Eff. 

1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 

 

18 AAC 60.385. Closure of existing MSWLF. (a) The owner or operator of a 

MSWLF existing on January 28, 1996, who cannot make the demonstration required by 18 AAC 

60.305 regarding airports, 18 AAC 60.310 regarding floodplains, or 18 AAC 60.320(b) 

regarding unstable areas shall close the MSWLF within one year after that date. Closure must be 

consistent with the requirements of 18 AAC 60.245 and, as applicable, 18 AAC 60.390 or 18 

AAC 60.395, and shall include post-closure care as required by 18 AAC 60.397. 

(b) The department will extend the deadline for closure required by (a) of this section for 

up to two years if the owner or operator demonstrates that there is no 

(1) available alternative disposal capacity; and 

(2) immediate threat to public health or the environment. 

(Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.390. Closure standards for a Class III MSWLF. (a) Closure of a Class 

III MSWLF must conform to the closure plan submitted under 18 AAC 60.210(b)(3)(E). The 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

44 

final cover on a Class III MSWLF must be soil or another material approved by the department. 

The final cover must be at least 24 inches thick, or another thickness approved by the 

department, must be graded to promote drainage without erosion, and must be revegetated or 

otherwise treated in a manner appropriate to the anticipated, future long-term use of the facility. 

(b) Within 90 days after closure of a Class III MSWLF, the owner or operator shall 

submit written notification to the department that closure has been completed as required by (a) 

of this section. 

 (c) The owner or operator shall establish permanent markers or survey monuments, if 

there are no readily observable, existing monuments or markers, from which the exact location 

of a facility and each closed portion of the facility can be determined. (Eff. 1/28/96, Register 

137; am 10/29/98, Register 148; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.395. Closure standards for a Class I or Class II MSWLF. (a) Closure of 

a Class I or Class II MSWLF must conform to the closure plan prepared under (c) of this section 

and submitted under 18 AAC 60.210(b)(3)(E). The owner or operator of Class I or Class II 

MSWLF shall install a final cover system designed to minimize infiltration and erosion. The 

final cover system must be designed and constructed to 

(1) have a permeability less than or equal to the permeability of any bottom liner 

system or natural subsoils; 

(2) minimize infiltration through the closed MSWLF by use of an infiltration 

layer that contains a minimum of 18 inches of earthen material with a permeability no greater 

than 1 x 10-5 centimeters per second; and 

(3) minimize erosion of the final cover by use of an erosion layer that contains a 

minimum of six inches of earthen material capable of sustaining native plant growth. 

(b) The department will approve an alternative final cover design if the applicant 

demonstrates that the proposed design will protect public health and the environment and that it 

includes an 

(1) infiltration layer that achieves an equivalent reduction in infiltration as the 

infiltration layer specified in (a) of this section; and 

(2) erosion layer that provides equivalent protection from wind and water erosion 

as the erosion layer specified in (a)(3) of this section. 

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written closure 

plan that describes the steps necessary to close that person’s MSWLF at any point during its 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

45 

active life in accordance with the cover design requirements of (a) or (b) of this section, as 

applicable. In addition to the information required by 18 AAC 60.210(b)(3)(E), the closure plan 

must include 

(1) a description of the final cover, designed in accordance with (a) or (b) of this 

section, as applicable, and the methods and procedures to be used to install the cover; 

(2) an estimate of the largest area of the MSWLF ever likely to require a final 

cover; 

(3) an estimate of the maximum inventory of wastes ever likely to be onsite over 

the active life of the facility; and 

(4) a schedule for completing all activities necessary to satisfy the closure 

standards in this section. 

(d) Repealed 9/7/2002. 

(e) Before beginning closure of a Class I or Class II MSWLF as specified in (f) of this 

section, the owner or operator shall submit written notification to the department of the intent to 

close the MSWLF. 

(f) Notwithstanding 18 AAC 60.245(a), the owner or operator shall begin closure 

activities of a Class I or Class II MSWLF no later than 30 days after the date on which the 

MSWLF stops accepting waste or, if the MSWLF has remaining capacity and there is an 

investment-backed expectation that the MSWLF will receive additional waste, no later than one 

year after the most recent receipt of waste. The department will extend the one-year deadline for 

beginning closure if the owner or operator demonstrates that the MSWLF has the capacity to 

receive additional waste, and the owner or operator demonstrates a genuine intent to reopen the 

landfill and that, while temporarily closed, the owner or operator has taken and will continue to 

take all steps necessary to protect public health and the environment. 

(g) The owner or operator of a Class I or Class II MSWLF shall complete closure 

activities of the MSWLF in accordance with the closure plan and within 180 days after 

beginning closure. The department will extend the closure period if the owner or operator 

demonstrates that it is not economically or practically feasible to complete closure in 180 days 

and the owner or operator has taken and will continue to take all steps necessary to protect public 

health and the environment. 

(h) After closure of a Class I or Class II MSWLF, the owner or operator shall submit 

written notification to the department that a certification verifying completion of closure in 

accordance with the closure plan has been placed in the operating record. The certification must 

be signed and sealed by a registered engineer or must be approved by the department. 

(i) After closure of a Class I or Class II MSWLF, the owner or operator shall record a 

notation on the deed to the landfill facility property, or some other instrument that is normally 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

46 

examined during a title search, and submit written notification to the department and the 

landowner that the notation has been recorded and that a copy has been placed in the operating 

record. The notation on the deed must, in perpetuity, notify any potential purchaser of the 

property that 

(1) the land was used as a MSWLF; and 

 

 (2) use of the land is restricted under 18 AAC 60.397(c)(3). (Eff. 1/28/96, 

Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.396. Post-closure care requirements for a Class III MSWLF. (a) For at 

least 60 consecutive months immediately following the closure of a Class III MSWLF, the owner 

or operator shall conduct visual inspections of the facility at least once every 12 months as 

described in 18 AAC 60.800. If surface water or groundwater monitoring was required by the 

department during the active life of the MSWLF, those activities must continue during the postclosure period for visual inspections required under this section. 

(b) As soon as practicable, but no later than the conclusion of the post-closure period for 

visual inspections required under (a) of this section, the owner or operator shall record a notation 

on the deed to the property for the facility, or some other instrument that is routinely examined 

during a title search. The owner or operator shall provide written notification to the department 

and the landowner that the notation required by this subsection has been recorded and that a copy 

has been placed in the operating record of the facility. The notation on the deed or other 

instrument must notify, in perpetuity, any potential purchaser or leaseholder of the property that 

(1) the property was used as a Class III MSWLF; 

(2) the property may not be suitable for some uses; 

 (3) maintenance and repairs to the property might become necessary to prevent 

pollution problems at the site; and 

(4) any activity that results in damage to the final cover of the property must be 

corrected to control potential pollution problems. 

(c) After the conclusion of the post-closure period for visual inspection required under 

(a) of this section, the owner or operator shall submit a report to the department that contains 

(1) photographs of the facility; 

(2) a description of any problems detected during visual monitoring; and 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

47 

 (3) all water monitoring data collected. (Eff. 10/29/98, Register 148; am 7/11/99, 

Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.397. Post-closure care requirements for a Class I or Class II MSWLF. 

(a) Except as provided in (b) of this section, after closure of a Class I or Class II MSWLF, the 

owner or operator shall conduct post-closure care for at least 30 years. At a minimum, the owner 

or operator shall, as part of post-closure care, 

(1) maintain the integrity and effectiveness of any final cover, including 

 (A) making repairs to the cover as necessary to correct the effects of 

 settlement, subsidence, erosion, or other events; and 

 (B) preventing run-on and run-off from eroding or otherwise damaging 

 the final cover; 

(2) maintain and operate any existing leachate collection system constructed 

under 18 AAC 60.330 or 18 AAC 60.375; the department will allow the owner or operator to 

stop managing leachate if the owner or operator demonstrates that leachate no longer poses a 

threat to public health or the environment; 

(3) monitor the groundwater as required by 18 AAC 60.820 - 18 AAC 60.860, 

and maintain the groundwater monitoring system, if applicable; and 

(4) maintain and operate any existing gas monitoring system as implemented 

under 18 AAC 60.350. 

(b) The length of the post-closure care period will be 

(1) decreased if the owner or operator demonstrates that the reduced period is 

sufficient to protect public health and the environment; or 

(2) increased if the department finds that a longer period is necessary to protect 

public health and the environment. 

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written 

post-closure plan that includes, at a minimum, the following information: 

(1) a description of the monitoring and maintenance activities required under (a) 

of this section for each Class I or Class II MSWLF, and the frequency at which these activities 

will be performed; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

48 

(2) the name, address, and telephone number of the person or office to contact 

about the facility during the post-closure period; and 

(3) a description of the planned uses of the property during the post-closure 

period; post-closure use of the property may not disturb the integrity of the final cover, liner, or 

any other component of the containment system, or the function of the monitoring systems 

unless necessary to comply with the requirements in this chapter; the department will approve 

any other disturbance if the owner or operator demonstrates that disturbance of the final cover, 

liner, or other component of the containment system, including removal of waste, will not 

increase the potential threat to public health or the environment. 

(d) If the owner or operator of a Class I or Class II MSWLF does not have an approved 

post-closure plan, a post-closure plan must be submitted to the department and placed in the 

operating record no later than April 28, 1996. 

(e) After completion of the post-closure care period for a Class I or Class II MSWLF, the 

owner or operator shall certify to the department that post-closure care has been completed in 

accordance with the post-closure plan. The certification must be signed and sealed by a 

registered engineer or must be approved by the department. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.010 AS 46.03.020 

 AS 46.03.100 AS 46.03.110 AS 46.03.810 

AS 46.06.080 

18 AAC 60.398. Financial assurance for a Class I or Class II MSWLF. The owner 

or operator of a Class I or Class II MSWLF shall meet the financial assurance requirements of 

40 C.F.R. 258, Subpart G, revised as of July 1, 1998, adopted by reference. (Eff. 10/29/98, 

Register 148; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

49 

Article 4. Monofills. 

Section

400. Applicability 

410. Location standards 

420. Operations 

430. Drilling waste 

440. Closure of inactive reserve pits 

450. Asbestos 

455. Mining waste 

460. Inert waste 

470. Sewage solids 

480. Wood waste 

485. Industrial solid waste 

490. Closure demonstration and post-closure care 

495. (Repealed) 

18 AAC 60.400. Applicability. (a) In addition to the requirements of 18 AAC 60.005 - 

18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 860, the requirements of 18 AAC 60.400 - 

18 AAC 60.495 apply to a person who disposes of waste that is subject to the permit requirement 

of AS 46.03.100, but that is not 

(1) municipal solid waste subject to 18 AAC 60.300 - 18 AAC 60.397; 

(2) regulated hazardous waste or waste identified as hazardous waste under 

18 AAC 62.020; 

(3) being disposed of under a wastewater disposal permit issued under 

18 AAC 72; or 

(4) subject to a plan approved under 18 AAC 75 or 18 AAC 78 for oil or other 

hazardous substances. 

(b) A solid waste that is not specifically addressed in 18 AAC 400 - 18 AAC 60.495 will 

be classified by the department and assigned the most applicable waste category during the 

preapplication meeting conducted under this chapter. 

(c) If an applicant is not sure which type of landfill standards apply, the applicant shall 

contact the department for a determination before applying for a permit. 

(d) Repealed 10/29/98. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 

7/11/99, Register 151; am 8/8/2003, Register 167; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

50 

18 AAC 60.410. Location standards. (a) A monofill built after 1/28/96 may not be 

constructed on slopes greater than 10 percent grade or unstable soils that might cause the waste 

to slide or settle excessively. 

(b) Except for a mining waste tailings impoundment operating under a permit issued by 

the department, the owner or operator of a monofill located in a floodplain shall remove the 

waste or ensure that the monofill 

(1) does not restrict the flow of a flood or significantly reduce the temporary 

water storage capacity of the floodplain; and 

(2) is designed to protect against washout of solid waste from the facility. 

(c) A new monofill, or a lateral expansion of a monofill, that is subject to 18 AAC 

60.400 - 18 AAC 60.495 must be designed to protect its integrity from damage caused by natural 

events that could be reasonably anticipated to occur at the facility such as aufeis, floods, 

earthquakes, thawing of unstable permafrost, and the effects of freezing and thawing. 

(Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 

18 AAC 60.420. Operations. (a) A monofill must be operated so that 

(1) dust, odor, noise, traffic, and other effects from facility operations do not 

become a nuisance or hazard to the health, safety, or property of persons outside the boundary of 

the facility; and 

(2) litter is controlled by fencing or another approved means, and is removed 

from access roadways and other areas in the facility. 

(b) Except for drilling wastes, bulk liquid wastes and containerized liquid wastes may 

not be placed in a monofill unless authorized by a permit issued by the department. (Eff. 1/28/96, 

Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 

18 AAC 60.430. Drilling waste. (a) Except for an inactive reserve pit subject to 

18 AAC 60.440, or drilling waste that is managed as an industrial solid waste under 18 AAC 

60.485, the owner or operator of a drilling waste storage facility shall meet the storage 

requirements of this subsection as follows: 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

51 

(1) a person who plans to store drilling waste during drilling operations, in a 

manner that does not require a permit under 18 AAC 60.200, shall submit a storage plan to the 

department at least 30 days before operations are planned to begin; storage may not begin until 

the department has approved the plan; a plan submitted under this paragraph must include 

(A) the name, address, phone number, and affiliation of each person 

responsible for conducting the drilling activity; 

(B) the location and type of storage container; 

(C) plans and material specifications to be used in the construction of any 

lined containment structure to be used for temporary storage; 

(D) methods to be used to prevent the discharge of drilling waste leachate 

to the land or water of the state; 

(E) the name and location of each facility to which stored drilling waste 

will be transferred; the use of a lined existing drilling waste disposal facility as a transfer 

location is acceptable under this subparagraph; 

(F) the anticipated dates of storage and waste removal, and the location of 

the ultimate disposal of the drilling waste; and 

(G) certification that the waste will be removed from the property within 

one year after completing the drilling operation; 

(2) containment structures must conform to the following standards unless the 

department provides written approval of an alternate plan that will protect the public health, 

safety, and welfare and the environment in a similar manner: 

(A) a containment structure must be sized to contain all the waste and any 

anticipated precipitation that may accumulate in the area with a minimum of two feet of 

freeboard; 

(B) containment structures must be leakproof; 

(C) liner material must be compatible with petroleum hydrocarbons, 

drilling waste, and any other material that might be deposited into the temporary 

structure; and 

(D) liner material must meet the standards in (c)(7) of this section; and 

(3) after removal of drilling waste from a storage area, the person conducting the 

activity shall 

(A) conduct a visual site inspection to verify that all drilling waste has 

been removed from the site; and 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

52 

(B) submit written notification to the department within seven days after 

the final site inspection and provide information regarding drilling waste volume and the 

final disposition of the transferred drilling waste. 

(b) Except for an inactive reserve pit subject to 18 AAC 60.440, the owner or operator of 

a drilling waste disposal facility shall meet the operating requirements of this subsection. The 

owner or operator 

(1) shall accept only drilling waste that meets the exclusion criteria of 

40 C.F.R. 261.4(b)(5), revised as of July 1, 1998, adopted by reference; 

(2) may not accept waste containing hydrocarbons as free liquids if freezeback is 

proposed; 

(3) may not accept waste incompatible with freezeback, if freezeback is 

proposed; 

(4) shall keep to a minimum the introduction of extraneous liquids; 

(5) shall operate in accordance with a fluid management plan if a dry option is 

selected under (c) of this section; and 

(6) shall operate with a minimum of two feet of freeboard. 

(c) The following design requirements apply to a drilling waste disposal facility: 

(1) the design must take into account the location of the seasonal high 

groundwater table, surface water, and continuous permafrost, as well as proximity to human 

population and to public water systems, with the goal of avoiding any adverse effect on these 

resources; 

(2) the containment and monitoring design must be determined by use of Tables 

A and B in this subsection; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE A 

DETERMINATION OF CONTAINMENT AND 

MONITORING OPTIONS 

Containment and monitoring 

options 

** Wet options: II, IV, Table B 

** Dry option: III, IV, Table B 

Containment and monitoring 

options 

** Wet option: I, IV, Table B 

** Dry option: II, IV, Table B 

Containment and monitoring 

options 

** Wet option: III, IV, Table B 

** Dry option: III, V, Table B 

* Does not include one or more water wells associated with drilling operation. 

** Wet option means operated without a fluid management plan; dry option means 

operated with a fluid management plan. 

YES 

YES

YES 

NO 

NO

NO Is there an existing or a 

developing human

population within 1,000 

feet of the of the disposal 

site? 

Is a surface water body 

within 200 feet used for 

drinking? 

Or 

Are any public water 

system groundwater 

withdrawal points* within 

1,000 feet of the site? 

Or 

Is there an existing or 

developing human

population within 1,000 

feet of the site? 

Is the seasonal high groundwater table within 20 feet 

of the disposal facility: is any surface water body 

within 200 feet of the site? 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE B 

 REQUIREMENTS FOR CONTAINMENT AND MONITORING 

NONPERMAFROST REGIONS

 I II 

CONTAINMENT STRUCTURE DESIGN

Double or Composite Liner, and Leachate Collection 

MONITORING REQUIREMENTS

 Site Inspection 

 And 

 Groundwater Monitoring 

CONTAINMENT STRUCTURE DESIGN

Double or Composite Liner 

MONITORING REQUIREMENTS

Site Inspection 

and 

Groundwater Monitoring 

 III 

CONTAINMENT STRUCTURE DESIGN

 Single Liner 

MONITORING REQUIREMENTS

 Site Inspection 

 And 

 Groundwater Monitoring 

REGIONS OF CONTINUOUS PERMAFROST 

 IV V 

CONTAINMENT STRUCTURE DESIGN

 Freezeback 

 MONITORING REQUIREMENTS

 Site Inspection 

 and 

 Surface Water or 

 Active Thaw Zone Monitoring 

 and 

 Thermistors 

CONTAINMENT STRUCTURE DESIGN

Reinforced Barrier Berm 

MONITORING REQUIREMENTS

 Site Inspection 

 and 

 Surface Water or 

 Active Thaw Zone Monitoring 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(3) the facility must be designed to 

(A) prevent the escape of drilling waste and leachate during active and 

post-closure monitoring periods; 

(B) be of the minimum volume necessary for drilling waste disposal and 

emergency relief volume; 

(C) prevent overflow from, or damage to, containment structures or other 

waste management areas, from operations, annual average precipitation, wind action, or 

wave action; 

(D) ensure that drilling waste, leachate, or eroded soil from the drilling 

waste disposal facility does not cause a violation of the applicable water quality standards 

in 18 AAC 70 at the surface water point of compliance established under 18 AAC 

60.810; and 

(E) ensure that drilling waste leachate from the drilling waste disposal 

facility does not cause a violation of the applicable water quality standards in 18 AAC 70 

in the uppermost aquifer at the groundwater point of compliance established under 

18 AAC 60.825(c); 

(4) a drilling waste disposal facility that is designed to contain drilling waste in a 

permanently frozen state must be constructed so that the surface level of all drilling waste at 

close-out is at least two feet below the active thaw zone, unless the applicant demonstrates that 

the waste will otherwise remain frozen after close-out; 

(5) the plans for the proposed design and construction of the drilling waste 

disposal facility and the fluid management plan must be approved and signed and sealed by a 

registered engineer; 

(6) a containment structure must support and maintain the integrity of the liner 

throughout the life of the facility, including post-closure; 

(7) a single liner must be either 

(A) constructed of compacted soil, or another similar natural or synthetic 

material, with a hydraulic conductivity of no more than 1 x 10-7 cm/s; the department will 

approve a more permeable liner if the applicant demonstrates that the alternative will 

provide an equivalent level of protection for public health and the environment, taking 

into account the factors set out in 18 AAC 60.825(c); 

(B) a flexible membrane that meets the requirements of (C) of this 

paragraph and that is selected, constructed, installed, and maintained in accordance with 

the requirements of one of the following documents, adopted by reference in this chapter: 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

56 

(i) United States Environmental Protection Agency, Lining of 

Waste Impoundment and Disposal Facilities, SW-870, March 1983 (revised 

edition); 

(ii) repealed 10/29/98 

(iii) United States Environmental Protection Agency, Lining of 

Waste Containment and Other Impoundment Facilities, EPA/600/2-88/052, 

September 1988; or 

(iv) United States Environmental Protection Agency, Solid Waste 

Disposal Facility Criteria Technical Manual, EPA530-R-93-017, November 

1993; or 

(C) a flexible membrane that is at least 

(i) 30 mils in thickness; or 

(ii) 60 mils in thickness if it consists of high density polyethylene 

(HDPE); 

(8) a double liner must consist of two distinct liners, each capable of 

independently containing waste; a flexible membrane liner must be installed as the primary, or 

inner, liner and the secondary, or outer, liner must meet the provisions of (7) of this subsection; 

(9) a composite liner must consist of a flexible membrane liner in direct and 

uniform contact with a liner that meets the requirements of (7)(A) of this subsection, or a 

prefabricated geosynthetic clay composite liner; and 

(10) each liner must be 

(A) designed and installed to assure that it will remain in place during the 

active life of the facility and any post-closure care period and will prevent drilling waste 

or leachate from escaping from the containment structure or other waste management 

area; and 

(B) constructed of materials that are chemically, physically, and 

biologically compatible with the disposed of drilling waste and its leachate. 

(d) In addition to other applicable provisions of this chapter, the following monitoring 

requirements apply to a drilling waste disposal facility: 

(1) the owner or operator shall sample and analyze surface water as required by 

the permit at the point of compliance described in 18 AAC 60.810; and 

(2) in areas of continuous permafrost, the owner or operator shall install, as 

required by the permit, subsurface thermal monitoring systems designed to detect thawing of the 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

57 

permafrost, and if containment is accomplished by freezeback, to detect thawing of the drilling 

waste for at least two years after closure; the owner or operator shall demonstrate that the 

drilling waste has remained frozen through one summer. 

 

(e) Except for an inactive reserve pit subject to 18 AAC 60.440, a permitted drilling 

waste disposal facility must be closed as follows: 

(1) the owner or operator of the facility shall, unless otherwise authorized by the 

department, close the disposal facility and 

(A) remove all pumpable fluids, resulting in a waste that is in a nonliquid 

condition; this subparagraph does not apply if closure will be achieved by freezeback; 

(B) take appropriate measures to ensure that the contents of a containment 

structure are of sufficient compressive strength to support a cap while maintaining the 

proposed design contour; 

(C) construct a cap that is designed to 

(i) prevent thawing of wastes, or that has a hydraulic conductivity 

less than or equal to the hydraulic conductivity of any bottom liner system 

present, or natural subsoils present, or a hydraulic conductivity no greater than 

10 -5 cm/s, whichever is less; 

(ii) withstand erosion, cracking, adverse effects of freeze-thaw 

cycles, frost heaves, and other events that might cause degradation or damage to 

the cap’s barrier layer; 

(iii) be at least 20 mils in thickness if the cap is constructed of a 

flexible membrane other than high density polyethylene (HDPE); and 

(iv) be at least 60 mils in thickness if the cap is constructed of 

(HDPE); and 

(D) ensure that the cap is revegetated or otherwise treated in a manner 

appropriate to the long-term use of the facility; 

(2) if the department finds that a drilling waste disposal facility is unstable or 

poses a risk to public health or safety or the environment, the department will require the owner 

or operator to 

(A) conduct a monitoring program for at least five years after closure; 

(B) prepare logs and submit written reports of inspections, with 

photographs of the disposal site; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

58 

(C) maintain the integrity of the final cover, slopes, drainage structures, 

liners, caps, groundwater monitoring devices, and thermal monitoring devices; and 

(D) if a containment structure or other waste management area is located 

in permafrost, ensure that the drilling wastes do not cause thawing of the permafrost and, 

if containment is accomplished by freezeback, ensure that the drilling wastes do not thaw 

after closure. 

(3) the department will, in its discretion, require the establishment of permanent 

markers or survey monuments, if there are no readily observable existing monuments or markers, 

from which the exact location of a facility and each closed waste management area in the facility 

can be determined; and 

(4) a containment structure must be closed as required by 18 AAC 60.440, or 

reconstructed to meet the standards of (c) of this section, within one year after detecting a 

violation of the water quality standards in 18 AAC 70 at the points of compliance established 

under 18 AAC 60.810(b) or 18 AAC 60.825(c). (Eff. 1/28/96, Register 137; am 10/29/98, 

Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 

Editor’s note: The documents adopted by reference in 18 AAC 60.430 may be reviewed at the 

department’s offices in Anchorage, Fairbanks, and Juneau, and at the office of the Lieutenant 

Governor. The Environmental Protection Agency documents may be ordered from National 

Technical Information Services, 5285 Port Royal Road, Springfield, Virginia 22161. 

18 AAC 60.440. Closure of inactive reserve pits. (a) An inactive reserve pit must be 

closed in accordance with (e) - (k) of this section unless the pit was previously closed under 

approval from the department, in which case the closure is considered approved under this 

section. 

(b) Repealed 6/30/2002. 

(c) Repealed 6/30/2002. 

(d) The owner or operator of one or more inactive reserve pits shall list those pits, except 

for inactive reserve pits exempted under (a) of this section, and provide that list to the 

department, together with a schedule for submitting closure plans for those pits. The list and 

schedule must be provided to the department by January 28, 1997 or one year after the date of a 

disapproval under (c) of this section, whichever occurs later. The schedule must anticipate that 

at least half of the closure plans will be submitted by January 28, 2000 and that the remaining 

closure plans will be submitted by January 28, 2002. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(e) Before submitting a closure plan for an inactive reserve pit, the owner or operator 

shall collect and analyze samples as required by Tables C and D of this subsection or submit 

equivalent sampling data. The owner or operator may submit a sampling plan for department 

review before doing the field work. The department will review and comment on the plan, or 

approve it, within 90 days after receiving it. The owner or operator shall determine the type of 

samples to be taken, the sampling locations, and the analysis required, based on 

(1) Tables C and D; 

(2) site specific conditions; 

(3) historic information about waste disposal practices at the site; and 

(4) the statistical significance desired to be achieved with the information to be 

gathered.
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE C 

SAMPLING BY INACTIVE RESERVE PIT CONDITIONS

 Inactive Reserve Pit Background Surface Water in Inactive Surface Water Surface Description Water 1 Reserve Pit at or within betwe

 50' of Inactive and 10

 Reserve Pit 2 & 3

Inactive reserve pit not located NA NA NA NInactive reserve pit, covered X X X Inactive reserve pit X X X open, no standing water  Inactive reserve pit X X X X open standing water  Inactive reserve pit open, X X X X plus exposed drilling waste 5 (if applicable) 

1. Background water samples must be taken either up-gradient or cross-gradient to the inactive reserve pit and, at a minfoot boundary. All other surface water samples must be down-gradient.2. Sample required only if water is available to 3. Sampling plans must be developed and followed, using the Quality Assurance/Quality Control criteria in chapter 1, TEvaluating Solid Waste, Physical/Chemical Methods (SW-846), adopted by reference in 18 AAC 60.365, or state-approvanalytical methods must be approved by the department. In addition, all practical quantitation limits must be the lowest 

can be reliably achieved within the specified limits of precision and accuracy during routine laboratory operating condit4. Samples taken beyond 50 feet, but less than 1000 feet, from the inactive reserve pit, must be taken at the closest availlocation. 5. If there is a public or private groundwater withdrawal system within 1000 feet of the reserve pit boundary, representa

groundwater must be taken. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE D 

 ANALYTICAL METHODOLOGY

Matrix Analyses 1 Parameters 1, 2 Method 3 

Water pH, conductivity, temperature Field Tests 

Water Metals Arsenic, Barium, EPA 60104 

 Calcium, Chromium, Lead,  Magnesium, Nickel, Sodium, Zinc  Water Diesel Range Organics C10- C28 Organics 

 EPA 8100M  Water BTEX EPA 8020 1. Or other methods specified in 18 AAC 70. If the methodology in Table D is not appropriate for the site, the departmrequire or approve an alternative methodology. 2. These parameters were selected as indicators of the presence of drilling wastes, with the exception of Ca and Mg, whhardness. 3. Sampling plans must be developed and followed, using the Quality Assurance/Quality Control criteria in Test MethoWaste, Physical/Chemical Methods, (SW-846), adopted by reference in 18 AAC 60.365, or state-approved QAPPs. Equmethods must be approved by the department. In addition, all practical quantitation limits must be the lowest concentra

reliably achieved within the specified limits of precision and accuracy during routine laboratory operating conditions. 4. Extraction method per department approval. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(f) A closure plan submitted under (d) of this section must be accompanied by a fee 

payable to the State of Alaska in the amount of $1,500 for each drill site. This fee covers only 

the review of the closure plan and the approval or disapproval of the closure plant. The closure 

plan must include, at a minimum, 

(1) a list of the reserve pits known or believed to exist at the site; 

(2) a brief history of the construction and use of those pits, including current 

status; 

(3) site geology, hydrology, and climatology; 

(4) the site’s economic, biological, ecological, historical, and human resources; 

(5) an assessment of the pit’s existing condition, based on its use, age, and 

location; 

(6) the results of sampling and chemical analysis conducted or provided under (e) 

of this section; 

(7) a qualitative discussion of substantial effects on surface water, groundwater, 

soil, or sediment imminently likely to result from leachate or a constituent of the deposited 

waste, assessed at points of compliance established in accordance with 18 AAC 60.810(b) and 

18 AAC 60.825(c); 

(8) a qualitative discussion of material, probable risks to public health or the 

environment posed by the pits, and any feasible corrective action that might eliminate, mitigate, 

or abate the risks; 

(9) an analysis of the feasible corrective actions, including the alternative of 

taking no corrective action compared to the potential benefit of implementing a corrective 

action; and 

(10) a proposal to implement or refrain from implementing corrective action, 

based on the information presented under this subsection and upon an assessment of the 

sampling data collected under (e) of this section, assessed in accordance with (i) of this section; 

if corrective action is proposed, the closure plan must include a corrective action plan and 

implementation schedule. 

(g) Within 12 months after receiving a closure plan, the department will notify the owner 

or operator that it approves or disapproves the plan or that more information is required. 

(h) The department will approve an inactive reserve pit closure plan if 

(1) the pit is not found, based on the documentation of a reasonable search; 

documentation must include the names of persons who conducted the search and their field 

notes, and a recent aerial photograph of the area searched on a scale of 1" = 200' or larger; a 

minimum reasonable search consists of a four man-hour search on foot, based on a 7.5-minute 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

63 

series quadrangle topographic map, or a minimum one-half hour helicopter survey, or an aerial 

magnetometer survey; 

(2) an assessment of the data submitted with the plan shows that, at the 

compliance points established under 18 AAC 60.810(b) and 18 AAC 60.825(c), concentrations 

of hazardous constituents do not 

 (A) represent a statistically significant difference from background; or 

 (B) exceed applicable water quality criteria in 18 AAC 70; 

(3) the pit contains exposed drilling waste but does not hold water; 

(4) evidence of ponded water is present and a water quality standard of 

18 AAC 70 has been violated, but the owner or operator has demonstrated that the violation 

presents no material risk to public health or the environment or that the violation is not caused, 

in whole or in part, by the drilling waste; or 

(5) a water quality standard of 18 AAC 70 has been violated, feasible corrective 

action is proposed by the owner or operator, and the corrective action plan and implementation 

schedule of (f)(10) of this section are approved by the department. 

(i) At a site where a violation of a water quality standard is found but the owner or 

operator cannot meet the demonstration requirements of (h)(4) of this section, the department 

will, in its discretion, require corrective action, including a monitoring program for a specified 

time, based on site-specific conditions, to determine whether water quality in the affected water 

body is likely to improve or deteriorate over time. The department will, in its discretion, 

conditionally approve a reserve pit closure plan without requiring corrective action if the owner 

or operator demonstrates that the effects of feasible corrective action would exceed the benefits 

of the action. 

(j) After closure, the department will, in its discretion, issue permanent closure approval 

for an inactive reserve pit if 

(1) the pit is not found, based on the minimum criteria of a reasonable search 

under (h)(1) of this section; 

(2) no material or probable risk to public health or the environment is present as 

determined under (h)(2) - (4) of this section, and no further action is required; 

(3) the corrective action plan of (h)(5) of this section is implemented and the 

action is demonstrated to the department’s satisfaction to eliminate, mitigate, or abate the risk 

present at the site; 

(4) the owner or operator demonstrates that the effects of feasible corrective 

action would exceed the benefits of the action; or 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(5) the owner or operator demonstrates that water pollution in the affected water 

body is diminishing. 

(k) If an inactive reserve pit is located on private property and the owner or operator 

seeking permanent closure approval is not the landowner of record, the owner or operator shall 

provide proof that the landowner has been notified of the request for permanent closure 

approval. 

(l) If additional information about conditions at a closed inactive reserve pit make 

corrective action necessary to protect public health and the environment, or, if appropriate, 

supportive documentation becomes available that might help locate an inactive reserve pit closed 

under (h)(1) of this section, the department will require further investigation, assessment, 

monitoring, or remediation. 

(m) The department will apply a fee described in 18 AAC 60.700(f) for any action taken 

by the department after initial approval or disapproval of the closure plan, including oversight of 

corrective action, ongoing monitoring, final inspection of closed sites, and issuance of permanent 

closure approval. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 6/30/2002, 

Register 162) 

Authority: AS 44.46.020 AS 46.03.090 AS 46.03.800 

AS 46.03.025 AS 46.03.100 AS 46.03.810 

 AS 46.03.020 

Editor's note: Information about how to obtain or review SW-846 is in the editor’s note for 

18 AAC 60.365. 

18 AAC 60.450. Asbestos. (a) Waste that includes regulated asbestos-containing 

material (RACM) waste must be managed in a manner that prevents the release of asbestos fibers 

to the air or to surface water and must be disposed of in an approved RACM landfill. NonRACM waste may be disposed of in a municipal solid waste landfill if 

(1) the landfill has a permit issued under this chapter; 

(2) the waste is covered within 24 hours, using procedures that prevent the 

release of asbestos fibers to the air or to surface water; and 

(3) no fires have occurred in the landfill for more than one year. 

(b) A waste management area used for disposal of RACM waste must be located on 

undisturbed earth or stable fill. An asbestos waste management area may not be located in a 

manner that would preclude future closeout or remedial action at the facility. The limits of the 

asbestos disposal area must be marked on property survey records, and recorded on the property 

deed. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(c) The operator of a facility that is receiving RACM waste shall inspect each load of 

RACM waste to assure that the friable asbestos material is sealed in leak-proof bags or 

containers, labeled in accordance with 29 C.F.R. 1910.1001(j)(4), revised as of July 1, 1998, 

adopted by reference; and accompanied by a complete and accurate shipment record prepared in 

accordance with (e) of this section or a copy, signed by the owner or operator of the facility, of 

the asbestos waste shipment record prepared by the transporter in accordance with 40 C.F.R. 

61.149. 

(d) At the end of each operating day, or at least once every 24 hours while disposal of 

RACM waste is occurring, the operator shall cover RACM waste that has been deposited at the 

landfill during the operating day or previous 24 hours with at least six inches of non-RACM 

material. 

(e) For all RACM waste received, the owner or operator of the active landfill shall 

maintain in the operating record, waste shipment records that include the 

(1) name, address, and telephone number of the waste generator; 

(2) name, address, and telephone number of the transporter; 

(3) amount of asbestos-containing waste material, measured in cubic yards; and 

(4) date of receipt. 

(f) The owner or operator of a landfill in which RACM waste has been disposed of shall 

maintain in the operating record, until the landfill closure is complete, a map or diagram showing 

the boundaries of the asbestos waste management area, its depth, and the amount, in cubic yards, 

of the RACM waste located there. 

(g) Except as provided in (f) of this section, the owner or operator shall retain a copy of 

all records required under this section for at least two years, and shall furnish them to the 

department upon request. 

(h) The owner or operator shall submit a workplan for approval at least 45 days before 

excavating or otherwise disturbing any asbestos-containing waste material that has been 

deposited at the landfill and covered. Department approval of the workplan is required before 

excavation may begin. If the excavation will begin on a date other than the one contained in the 

approved workplan, notice of the new date must be provided to the department at least 10 

working days before excavation begins. Excavation may not begin earlier than the date specified 

in the approved workplan. A workplan submitted under this subsection must include the 

(1) scheduled starting and completion dates; 

(2) reason for disturbing the waste; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(3) procedures to be used to control emissions during the excavation, storage, 

transport, and ultimate disposal of the excavated asbestos-containing waste material; 

(4) location of any temporary storage site; and 

(5) final disposal site. 

(i) At closure of a waste management area containing RACM waste, a final cover of at 

least two feet of non-asbestos-containing soil must be placed on the area and revegetated. A 

permanent survey marker must be constructed at the site. Drawings showing the boundaries of 

the RACM waste management area must be filed with the department and attached to the 

property deed, with a written warning about health and safety hazards related to disturbing the 

site. (Eff. 1/28/96, Register 137; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.06.080 

AS 46.03.010 AS 46.03.110 AS 46.14.110 

AS 46.03.020 AS 46.03.810 

 

18 AAC 60.455. Mining waste. Except when the only chemical being used is a 

flocculent to enhance settling, tailings from hard rock mines, and tailings from placer mines that 

have been amalgamated or chemically treated, are subject to 18 AAC 60.010 - 18 AAC 60.265, 

18 AAC 60.400 - 18 AAC 60.495, 18 AAC 60.700 - 18 AAC 60.730, and 18 AAC 800 - 

18 AAC 60.860 as necessary to prevent a violation of the air quality standards in 18 AAC 50 or 

the water quality standards in 18 AAC 70. The department will, in its discretion, incorporate 

applicable provisions of this chapter into a wastewater permit issued under 18 AAC 72 or a solid 

waste disposal permit issued under this chapter. (Eff. 1/28/96, Register 137; am 6/28/96, 

Register 138) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

18 AAC 60.460. Inert waste. (a) The requirements of this section do not apply to a 

waste management area where inert waste is disposed of within the boundaries of a MSWLF. 

(b) Liners are not required at an inert waste monofill. 

(c) If a groundwater monitoring system is required at an inert waste monofill, under 

18 AAC 60.820, detection monitoring under 18 AAC 60.840 and 18 AAC 60.850 during the 

active life of the monofill will be required only if the department 

(1) determines that non-inert waste is or has been present at the site; 

(2) detects evidence of a spill or groundwater contamination; or 

(3) finds unexplained contamination in nearby wells. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(d) The owner or operator of an inert waste monofill who accepts combustible inert 

waste shall maintain fire control equipment and make it available to extinguish any fires that 

start. 

(e) The owner or operator of an inert waste monofill shall construct a final cover of soil 

material at least 24 inches thick, graded to promote drainage without erosion, and shall 

revegetate it. The department will approve an alternate final cover design if the applicant 

demonstrates that the alternate design will protect public health, safety, and welfare, and the 

environment. After completion of the final cover on a monofill with a groundwater monitoring 

system, the owner or operator shall conduct detection monitoring at the frequency required by 

18 AAC 60.850(b). (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 

18 AAC 60.470. Sewage solids. (a) The requirements of this section apply to the owner 

or operator of a sewage solids monofill. If a sewage solids monofill is located within the 

boundaries of a MSWLF, it is considered co-disposal with municipal solid waste, and the 

requirements of this section do not apply. If sewage solids are co-disposed of in a MSWLF, the 

owner or operator shall meet the requirements of 18 AAC 60.365. 

(b) Waste placed in a sewage solids monofill must be dewatered and contain at least 10 

percent solids by weight. Sewage or septage less than five percent solids by weight will be 

regulated as wastewater under 18 AAC 72. Sewage or septage that is five percent or more, but 

less than 10 percent, solids by weight may be handled as wastewater or dewatered to contain at 

least 10 percent solids by weight. 

(c) If a sewage solids monofill does not have a liner and leachate collection system and 

the boundary of the monofill is 

(1) 500 or more feet from the property line of the facility, sewage solids may not 

be disposed of in the monofill if they contain arsenic, chromium, or nickel in concentrations 

greater than 

 (A) the limits established in Table E of this subsection; or 

 (B) site-specific limits established under (d) of this section; or 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) less than 500 feet from the property line of the facility, sewage solids may not 

be disposed of in the monofill if they contain arsenic, chromium, or nickel in concentrations 

greater than 

 (A) the limits established in Table F of this subsection; or 

 (B) site-specific limits established under (d) of this section. 

 TABLE E 

MAXIMUM ALLOWABLE POLLUTANT CONCENTRATIONS 

 IN SEWAGE SOLIDS PLACED IN A MONOFILL WITHOUT A LINER 

 AND LEACHATE COLLECTION SYSTEM AND WITH A BOUNDARY 

 500 OR MORE FEET FROM THE FACILITY PROPERTY LINE

Concentration 

Pollutant (milligrams per kilogram*) 

Arsenic 73 

Chromium 600 

Nickel 420 

* Dry weight basis 

 TABLE F 

MAXIMUM ALLOWABLE POLLUTANT CONCENTRATIONS 

 IN SEWAGE SOLIDS PLACED IN A MONOFILL WITHOUT A LINER 

 AND LEACHATE COLLECTION SYSTEM WITH A BOUNDARY 

 LESS THAN 500 FEET FROM THE FACILITY PROPERTY LINE 

Unit boundary to POLLUTANT CONCENTRATION* 

property line Arsenic Chromium Nickel 

distance (feet) (mg/kg) (mg/kg) (mg/kg)

0 to less than 82 30 200 210 

82 to less than 164 34 220 240 

164 to less than 246 39 260 270 

246 to less than 328 46 300 320 

328 to less than 410 53 360 390 

410 to less than 492 62 450 420 

* Dry weight basis 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(d) The owner or operator of a sewage solids monofill without a liner and leachate 

collection system may secure from the department site-specific pollutant limits by 

demonstrating, in a permit application, that site-specific limits are appropriate for that monofill 

because the limits of Tables E or F, whichever is applicable, are not necessary to protect public 

health or the environment. 

(e) If a sewage solids monofill does have a liner or leachate collection system the 

(1) system must be operated and maintained while the monofill is active and for 

five years after closure; and 

(2) leachate must be collected and disposed of in accordance with the applicable 

requirements of 18 AAC 72 for the same period. 

(f) Except as provided in a permit issued under 33 U.S.C. 1342 (Clean Water Act, 

section 402) and certified by the department, an active sewage solids monofill may not be 

located 

(1) within 200 feet of a fault that has had displacement in Holocene time; 

(2) in an unstable area; or 

(3) in a wetland. 

(g) The owner or operator shall maintain a minimum horizontal distance of 50 feet 

between the active sewage solids monofill and the facility’s property line. 

(h) Sewage solids may not be placed in a sewage solids monofill if likely to adversely 

affect a threatened or endangered species listed under 16 U.S.C. 1533 (Endangered Species Act, 

section 4) or its designated critical habitat. “Adversely affect” has the meaning developed under 

16 U.S.C. 1536 (Endangered Species Act, section 7) and regulations adopted under that section. 

(i) When sewage solids are placed in a monofill, the vector attraction reduction 

requirement in 40 C.F.R. 503.33(b)(11) must be met or one of the 

(1) Class A or Class B pathogen reduction requirements of 40 C.F.R. 503.32 

must be met; and 

(2) vector attraction reduction requirements in 40 C.F.R. 503.33 (b)(1) - (b)(10) 

must be met. 

(j) In addition to other applicable monitoring provisions of this chapter, the following 

monitoring requirements apply to a sewage solids monofill: 

(1) the monitoring frequency set out in Table G of this subsection must be met 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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for 

(A) arsenic, chromium, and nickel concentrations in the solids being 

deposited in the monofill; 

(B) the pathogen density requirements set out in 40 C.F.R. 503.32; and 

(C) the vector attraction reduction requirements in 40 C.F.R. 

503.33(b)(1)-(b)(8); 

(2) after the sewage solids monofill has been monitored for two years at the 

frequency in Table G, the monitoring frequency for pollutants and pathogens may be reduced, 

but in no case may it be less than once in each year that sewage solids are placed in the monofill; 

and 

(3) the owner or operator of a sewage solids monofill containing more than 2,500 

cubic yards of solid waste must establish a continuous explosive gas monitoring station in any 

building closer than 500 feet from the solid waste disposal area. 

(k) The owner or operator of a sewage solids monofill shall develop the following 

information and retain it for at least five years: 

(1) the concentration of arsenic, chromium, and nickel determined under (j) of 

this section; and 

 TABLE G 

FREQUENCY OF MONITORING -- SEWAGE SOLIDS MONOFILL

Amount of sewage solids1 Frequency 

(tons per 365-day period)

Greater than zero but less than 330 Once yearly 

Equal to or greater than 330 Once each quarter (4 times yearly) 

but less than 1,650 

Equal to or greater than 1,650 Once every 60 days (6 times yearly) 

but less than 16,500 

Equal to or greater than 16,500 Once monthly (12 times yearly) 

1

 Amount of sewage solids placed in a sewage solids monofill (dry weight basis). 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) a record of how the requirements of this section are being met. 

(l) A food crop, feed crop, or fiber crop may not be grown on an active sewage solids 

monofill unless the owner or operator demonstrates that, through management practices, public 

health and the environment are protected from any reasonably anticipated adverse effect of a 

biological organism in, or a hazardous constituent of, the sewage solids. 

(m) Animals may not be grazed on an active sewage solids monofill unless the owner or 

operator demonstrates that, through management practices, public health and the environment 

are protected from any reasonably anticipated adverse effect of a biological organism in, or a 

hazardous constituent of, the sewage solids. 

(n) In addition to the requirements of 18 AAC 60.245, the owner or operator of a sewage 

solids monofill shall submit a written closure and post-closure plan to the department at least 180 

days before a monofill will be closed, and shall include, at a minimum, 

(1) a description of the final cover and how it will be designed to meet the 

requirements of (o) of this section, prevent the release of pathogens or hazardous constituents, 

account for settling or subsidence of the monofill, and resist erosion to prevent damage to the 

final cover; 

(2) a discussion of how the leachate collection system will be operated and 

maintained for at least three years after the monofill closes, if the monofill has a liner and a 

leachate collection system; 

(3) a description of the system used to monitor for methane gas as required by 

(j)(3) of this section; and 

(4) a discussion of how public access to the monofill will be restricted for at least 

three years after the facility is closed. 

(o) The final cover must 

(1) consist of soil or another material approved by the department; 

(2) be at least 24 inches thick or another thickness approved by the department; 

(3) be graded to promote drainage without erosion or ponding; and 

(4) be revegetated. 

(p) After completion of the final cover, the owner or operator of a sewage solids 

monofill with a groundwater monitoring system shall conduct detection monitoring at the 

frequency required by 18 AAC 60.850(b). (Eff. 1/28/96, Register 137; am 7/11/99, Register 

151; am 9/7/2002, Register 163) 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Authority: AS 44.46.020 AS 46.03.070 AS 46.03.800 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 AS 46.03.110 AS 46.14.110 

 

18 AAC 60.480. Wood waste. (a) A wood waste monofill must be designed, 

constructed, and operated in a manner that will minimize water pollution and prevent 

combustion. 

(b) A wood scrap larger than five cubic feet may not be placed in a wood waste monofill. 

 A wood scrap larger than one cubic foot may not be placed in a wood waste monofill unless the 

volume of wood scraps is less than five percent of the volume of the fill. Butt ends and stumps 

may not be placed in a wood waste monofill. 

(c) The department will require a liner at a new wood waste monofill if there is credible 

evidence indicating that an unlined monofill at that location will cause a violation of the water 

quality standards of 18 AAC 70. 

(d) If there is credible evidence indicating that combustion is taking place within a wood 

waste monofill, the owner or operator of the site shall conduct thermal monitoring. If 

combustion is discovered, the owner or operator shall attempt to extinguish the combustion 

within 30 days. If the combustion cannot be extinguished within 90 days, the wood waste 

monofill must be excavated, the combustion must be extinguished, and the monofill must be 

managed in a manner that prevents combustion. 

 

(e) The final cover must be constructed of soil material at least 24 inches thick, graded to 

promote drainage without erosion, and revegetated. The department will approve an alternate 

final cover design if the applicant demonstrates that the alternate design will protect public 

health and the environment. After completion of the final cover on a monofill with a 

groundwater monitoring system, the owner or operator shall conduct detection monitoring at the 

frequency required by 18 AAC 60.850(b). (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 

18 AAC 60.485. Industrial solid waste. (a) The requirements of this section apply to 

the owner or operator of a monofill that accepts industrial solid waste. 

(b) A new industrial solid waste landfill and a lateral expansion of an existing industrial 

solid waste landfill must be designed and constructed with a liner and leachate collection system 

that meet the standards in 18 AAC 60.330(b). 

(c) Waste placed in an industrial solid waste landfill must be spread and compacted in a 

manner that minimizes future settlement and instability. The surface of the industrial solid waste 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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landfill may not be sloped more steeply than a 3:1 grade. 

(d) The owner or operator of an industrial waste monofill shall install a final cover 

system designed and constructed to minimize 

(1) infiltration through the closed landfill by use of an infiltration layer that 

contains at least 18 inches of earthen material with a permeability no greater than 1 x 10-5

centimeters per second; and 

(2) erosion of the final cover by use of an erosion layer that contains at least six 

inches of earthen material capable of sustaining native plant growth. 

(e) The department will approve an alternative to the final cover design required under 

(d) of this section if the applicant demonstrates that the proposed design 

 (1) will protect public health, safety, and welfare, and the environment; and 

(2) includes 

 (A) an infiltration layer that achieves an equivalent reduction in 

infiltration as the infiltration layer specified in (d)(1) of this section; and 

(B) an erosion layer that provides equivalent protection from wind and 

water erosion as the erosion layer specified in (d)(2) of this section. (Eff. 10/29/98, 

Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.490. Closure demonstration and post-closure care. (a) After closure of a 

monofill, the owner or operator shall record a notation on the deed to the property of the facility, 

or some other instrument that is routinely examined during a title search. The owner or operator 

shall provide written notification to the department and the landowner that the notation has been 

recorded and that a copy has been placed in the operating record of the facility. The notation on 

the deed or other instrument must explain, in perpetuity, to any potential purchaser or 

leaseholder of the property 

(1) that the land has been used as a monofill; 

(2) the type of waste that was placed in the monofill; 

(3) the geographical boundaries of the waste management areas; and 

(4) details of any final cover, cap, or other structures or devices installed as part 

of closure. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(b) The property owner may remove the notation required in (a) of this section from the 

deed or other instrument only if all wastes are removed from the property and the concentrations 

of any hazardous constituents then remaining do not exceed contemporary State of Alaska 

cleanup standards for contaminated sites. 

(c) Except for a drilling waste disposal facility subject to 18 AAC 60.430(e)(2), the 

owner or operator of a monofill shall conduct visual monitoring, for settlement and erosion, for 

at least 60 consecutive months immediately following the closure. The department will require 

periodic visual monitoring at a monofill for up to 360 consecutive months immediately following 

the closure, if based on the type of waste and the site's compliance history under this chapter, the 

department determines that monitoring is necessary to protect the public health, safety, or 

welfare, or the environment. In addition to visual monitoring, the department will require 

groundwater, surface water, leachate, gas, and thermal monitoring at a monofill if the department 

finds that monitoring is necessary to protect the public health, safety, or welfare, or the 

environment. The department will also require additional monitoring and corrective action 

necessary to meet the standards in 18 AAC 60.815 and 18 AAC 60.860. The department will 

extend the post-closure monitoring period if necessary to ensure that the facility will not harm 

the public health, safety, or welfare, or the environment. At the end of the post-closure period, 

the owner or operator shall submit a report to the department that describes site conditions and 

summarizes the information collected during post-closure period. (Eff. 1/28/96, Register 137; 

am 10/29/98, Register 148; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.495. Permafrost conditions. Repealed. (Eff. 1/28/96, Register 137; 

repealed 9/7/2002, Register 163) 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Article 5. Land Application of Biosolids. 

Section

500. Applicability 

505. General requirements 

510. Permit application 

18 AAC 60.500. Applicability. (a) Except as provided in (c) of this section, the 

requirements of 18 AAC 60.500 - 18 AAC 60.510 apply to any person who 

(1) prepares biosolids for application to land; 

(2) applies biosolids to land; and 

(3) owns or operates land on which biosolids are applied. 

(b) Land application of biosolids includes 

(1) spraying or spreading of biosolids onto the land surface; 

(2) injection of biosolids below the land surface; and 

(3) incorporation of biosolids into the soil so that the biosolids can either 

condition the soil or fertilize crops or vegetation grown in the soil. 

(c) The requirements of 18 AAC 60.500 - 18 AAC 60.510 do not apply to 

(1) sewage solids disposed of in a sewage solids monofill under 18 AAC 60.470; 

(2) sewage solids or biosolids disposed of in a facility permitted under 18 AAC 

60.200 - 18 AAC 60.265; 

(3) a process used to treat domestic sewage or biosolids before final use or 

disposal, except as provided in 40 C.F.R. 503.15, adopted by reference in 18 AAC 60.505; 

(4) the selection of a biosolids use practice; 

(5) the use of 

(A) sewage solids generated at an industrial facility during the treatment 

of nondomestic wastewater, including sewage solids generated during the treatment of 

nondomestic wastewater combined with domestic sewage; 

(B) sewage solids determined to be regulated hazardous waste; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(C) sewage solids with a concentration of polychlorinated biphenyls 

(PCBs) equal to or greater than 10 milligrams per kilogram of total solids (dry weight 

basis); 

(D) ash generated during the firing of sewage solids in a solid waste 

processing facility; 

(E) grit, including sand, gravel, cinders, or other materials with a high 

specific gravity, or screenings, including relatively large materials such as rags, 

generated during preliminary treatment of domestic sewage in a treatment works; and 

(F) sludge generated during the treatment of surface water or groundwater 

used for drinking water. (Eff. 1/28/96, Register 137; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 

18 AAC 60.505. General requirements. (a) Regulations of the federal government for 

land application of biosolids in 40 C.F.R. 503.8 (Sampling and analysis), - 40 C.F.R. 503.9 

(General definitions), and 40 C.F.R. Part 503 Subpart B (Land Application), Subpart D 

(Pathogens and Vector Attraction Reduction), and Appendices A and B, revised as of July 1, 

1997, are adopted by reference. 

(b) A person may not apply biosolids to land unless 

(1) the concentration of metals in the soil is below, and will remain below, the 

limits set in 40 C.F.R. 503.13, Table 1, revised as of July 1, 1997; 

(2) the project is consistent with the management practices in 40 C.F.R. 503.14, 

revised as of July 1, 1997; 

(3) the concentration of metals in the biosolids is less than the limits set in 

40 C.F.R. 503.13, Table 1, revised as of July 1, 1997; 

 (4) the biosolids have been treated to meet the pathogen reduction requirements 

of 40 C.F.R. 503.15(a), revised as of July 1, 1997; and 

(5) the biosolids have been treated to meet the vector attraction requirements of 

40 C.F.R. 503.15(c), revised as of July 1, 1997. 

(c) Except as provided in 18 AAC 60.510(b), a person may not place biosolids on the 

land of the state without first obtaining a permit from the department. (Eff. 1/28/96, Register 

137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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18 AAC 60.510. Permit application. (a) Except as provided in (b) of this section, a 

person who prepares biosolids that are to be applied to land, or a person who applies biosolids to 

land, shall submit a completed permit application to the department as described in (c) of this 

section. If the proposed operation will occur in the coastal zone of this state, the applicant shall 

also complete and submit a coastal project questionnaire as required by 11 AAC 110.205. 

(b) A permit under this section is not required for biosolids bought, sold, or given away 

in a bag or other container if 

(1) the material meets the Class A pathogen reduction requirements of 

40 C.F.R. 503.32(a), adopted by reference in 18 AAC 60.505; 

(2) the material meets one of the vector attraction reduction requirements in 

40 C.F.R. 503.33(b)(1) - (8), adopted by reference in 18 AAC 60.505; 

(3) the concentration of each pollutant in the biosolids is less than the limit set in 

Table H of this subsection; and 

(4) the material is free of excessive dust or strong odor. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE H 

MAXIMUM ALLOWABLE 

CONCENTRATIONS OF 

POLLUTANTS IN EXEMPT 

BIOSOLIDS

Pollutant Maximum Concentration 

(milligrams per kilogram) * 

Arsenic 41 

Cadmium 39 

Chromium 1200 

Copper 1500 

Lead 300 

Mercury 17 

Molybdenum 75 

Nickel 420 

Selenium 100 

Zinc 2800 

* Dry weight basis 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(c) A permit application submitted under this section must consist of a 

(1) cover letter that 

(A) identifies the person seeking to apply bulk biosolids to land; 

(B) contains a statement that the applicant is aware of all applicable local 

ordinances, all local zoning requirements, and, if appropriate, the requirements of 

AS 46.40 and 11 AAC 110 (Alaska Coastal Management Program); and 

(C) briefly describes the 

(i) application site; 

(ii) pathogen reduction method to be used; and 

(iii) vector attraction reduction method to be used; 

(2) form supplied or approved by the department that will be specific for the type 

and quality of the biosolids to be applied to the application site; 

(3) a map or aerial photograph of a scale of at least one inch equals one mile that 

(A) identifies major topographical, geological, hydrological, biological, 

and archaeological features, and buildings, roads, and public drinking water supplies 

within two miles of the application site; 

(B) clearly shows the location of the application site and property 

boundaries, if the property boundaries are within two miles of the application site; if the 

property has no boundaries within two miles of the application site, then the boundary 

will be considered to be 50 feet from any land application activity described in (4) of this 

subsection; and 

(C) identifies residential drinking water supply wells in use within onehalf mile of the boundary of the property on which the application site is located; 

(4) site development plan for land application activities that includes 

(A) the location and direction of flow of surface water and any water flow 

containment or diversion structures, and the depth to the seasonal high groundwater 

level; 

(B) a map showing the locations of major soils types based on soil 

surveys and their descriptions, depths, permeability, Cation Exchange Capacity, and pH; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(C) results of biosolids analyses for total Kjeldahl nitrogen (TKN), 

Nitrate nitrogen (NO3-N), Ammonia nitrogen (NH4-N), phosphorus (P) and potassium 

(K); 

(D) the annual biosolids application rate based on the nitrogen 

requirements of the crops or vegetation to be grown; 

(E) the calculated cumulative and annual application amount of each 

pollutant from Table H present in the biosolids to be applied at each site; 

(F) an appropriate narrative description of the proposed activity, 

including 

(i) operating procedures; and 

(ii) methods to control water pollution, disease vectors, access (if 

appropriate), odors, and other nuisances; and 

(5) copy of a deed or other legal document that identifies the landowner and, if 

the operator is not the landowner, a 

(A) copy of a lease agreement that clearly authorizes the proposed 

activity; or 

(B) written statement by the landowner, demonstrating that the landowner 

consents to the proposed activity. 

(d) If there is credible evidence that the project could cause a violation of the water 

quality standards of 18 AAC 70, the department will require the applicant to submit data to 

characterize the background quality of surface water within 100 feet of a proposed application 

site in accordance with 18 AAC 60.810. 

(e) A permit application submitted, and a permit issued, under this section will be 

processed as a solid waste permit under 18 AAC 15, 18 AAC 60.215, 18 AAC 60.250, 18 AAC 

60.255, and a permit issued under this section is subject to termination and modification under 

AS 46.03.120 and 18 AAC 60.260. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 

7/11/99, Register 151; 9/7/2002, Register 163; am 9/5/2010, Register 195) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

AS 46.03.020 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Article 6. User Fees

 

Section 

700. Fee requirements 

720. (Repealed) 

730. Fee appeal procedures 

18 AAC 60.700. Fee requirements. (a) Except as provided in (g) and (i) of this 

section, the owner or operator of a solid waste disposal facility shall pay the applicable service 

fees and annual fees as prescribed in Tables I-1, I-2, I-3, and I-4 of this subsection. The owner 

or operator of a facility subject to the annual fee requirement shall continue to pay the annual fee 

until the department approves termination of the post-closure obligations under 

18 AAC 60.270. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE I-1 

ANNUAL MUNICIPAL SOLID WASTE LANDFILL 

FACILITY FEES 

Facility 

Type: Class I Class II Class III (camp) 1

Class III 

(community)1

Fees for individual permits 

Total 

annual fee $6,437 $2,983 $491 $150 

Operation under comprehensive waste management permit under 18 AAC 60.207 

Total 

annual fee $7,724 $3,413 $589 $150 

Post-closure period fees2

Total 

annual fee Not Applicable3

 $1,553 $272 $0 

Notes: 

1 A Class III (camp) landfill is a MSWLF that is classified under 18 AAC 60.300(c)(3)(A), and a Class III 

(community) landfill is a MSWLF that is classified under 18 AAC 60.300(c)(3)(B). 2 This fee is payable each year from the time final closure is completed under 18 AAC 60.390 – 18 AAC 60.395 until 

the department approves termination of the post-closure obligations under 18 AAC 60.270. 

3 For Class I landfills, the department will assess post-closure fees in accordance with (f) of this section. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE I-2 

ANNUAL NONMUNICIPAL SOLID WASTE LANDFILL 

FACILITY FEES

Facility Type: Type X 

-solid waste 

treatment 

works 

-drilling waste 

facility 

-industrial solid 

waste facility 

Type Y 

-wood waste 

facility 

Type Z 

-asbestos 

facility 

-sewage 

solids 

facility 

-inert 

waste 

facility 

Fees for individual permits 

Total annual fee $1,763 $466 $842 

Operation under comprehensive management permit under 

18 AAC 60.207 

Total annual fee $2,116 $1,356 $1,010 

Post-closure period fees1

Total annual fee $301 $301 $112 

Notes: 

1 This fee is payable each year from the time final closure is completed 

under 18 AAC 60.430 – 18 AAC 60.490 until the department approves termination 

of the post-closure obligations under 18 AAC 60.270. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE I-3 

ONE-TIME SOLID WASTE FACILITY FEES 

Fee type:

Initial permit application review fee1 $294 

Storage plan review, at site without a permit $386 

Solid waste treatment facility plan review $1,038 

One-time use remote inert waste monofill authorization $1,000 

One-time use remote asbestos monofill authorization $1,000 

Waiver request or request for alternative compliance $343 

Closure plan review, without a permit $490 

Notes: 1 The permit application review fee must be submitted at the time of initial permit 

application. The permit application review fee is not required for facilities that submit an application 

for permit renewal in accordance with 18 AAC 60.250. The permit application fee will not be 

required for an initial permit application or permit renewal for a Class III (community) landfill 

classified under 18 AAC 60.300(c)(3)(B).

TABLE I-4 

ANNUAL FEES FOR COVERAGE UNDER GENERAL PERMITS

Type of general permit Annual fee

Remote camps and lodges with fewer than 50 residents $100 

United States Air Force long range radar sites (LRRS) $189 

North Slope drilling waste long-term storage sites $1,319 

Note: 

The first annual fee must be submitted with an application for coverage under a general 

permit as specified in 18 AAC 60.255(e); subsequent annual fees will be billed each year; a 

subsequent annual fee must be paid within 60 days after the date of billing for coverage under the 

general permit to remain in effect.
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(b) Before the department will review a plan required under this chapter, an application 

for a permit, or any other document listed in Table I-3 in (a) of this section, the applicant must 

pay each applicable fee. 

(c) Annual fees in Tables I-1, I-2, and I-4 in (a) of this section will be billed at the 

beginning of each calendar year and must be paid no later than 60 days after the date of billing. 

(d) A fee required under (a) of this section is not refundable. 

(e) Repealed 9/5/2010. 

(f) Except as provided in (i) of this section, for a solid waste facility or activity that is 

not listed in Table I-1, I-2, I-3, or I-4 in (a) of this section, the department will 

(1) assess a fee based on direct department costs, including 

(A) $49 for each hour of staff time spent on the activity; and 

(B) goods and third-party services; for purposes of this subparagraph, 

goods and third-party services include travel, if the business has more than 20 employees; 

or 

(2) if the applicant requests, negotiate a fee to cover the costs of issuing the 

permit or approval sought. 

(g) If the department determines that the department lacks the technical expertise to 

evaluate a portion of a facility plan, application, or waiver request, and that evaluation is 

necessary in order to protect the public health or the environment, the department will notify the 

applicant and, under AS 36.30, enter into a contract with a consultant for the needed expertise to 

complete the evaluation. The applicant shall pay for the cost of the contract in addition to any 

other fees in this section. 

(h) The permittee shall pay the fee assessed under (f) of this section no later than 60 days 

after the date of the billing. 

(i) The department will not assess a fee for permit and plan review activities related to 

(1) a composting facility; or 

(2) landspreading of biosolids. 

(j) Interest on an overdue payment accrues at the rate prescribed in AS 45.45.010 and 

begins to accrue when the payment is more than 

(1) 60 days past due; or 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) 90 days past due for a payment for which a review was requested under 18 

AAC 60.730, if payment is found to be due. (Eff. 6/28/96, Register 138; am 10/29/98, Register 

148; am 6/30/2002, Register 162; 7/11/2002, Register 163; am 9/7/2002, Register 163; am 

9/5/2010, Register 195) 

Authority: AS 37.10.052 AS 46.03.010 AS 46.03.100 

AS 44.46.020 AS 46.03.020 AS 46.03.110 

 AS 44.46.025 

Editor’s note: Facility classification and required fees may be discussed at the 

preapplication meeting under 18 AAC 60.210(a). 

18 AAC 60.720. Billing and payment procedures. Repealed. (Eff. 6/28/96, Register 

138; repealed 6/30/2002, Register 162) 

18 AAC 60.730. Fee appeal procedures. A person who disputes the assessment of a 

fee under 18 AAC 60.700(f)(1) or who disputes a computation of charges may request a review 

under 18 AAC 15.190. (Eff. 6/28/96, Register 138; am 6/30/2002, Register 162; am 7/11/2002, 

Register 163) 

Authority: AS 44.46.020 AS 46.03.010 AS 46.03.100 

AS 44.46.025 AS 46.03.020 AS 46.03.110 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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Article 7. Monitoring and Corrective Action Requirements. 

Section

800. Visual and air monitoring 

810. Surface water monitoring 

815. Corrective action for problems discovered during visual and surface 

water monitoring or during an inspection 

820. Groundwater monitoring and corrective action 

825. Groundwater monitoring systems 

830. Groundwater sampling and analysis 

840. Parameters for surface water monitoring and groundwater detection monitoring 

850. Detection monitoring program 

860. Assessment monitoring and corrective action 

18 AAC 60.800. Visual and air monitoring. (a) For a facility required to have a 

permit under 18 AAC 60.200, the permittee shall design a visual monitoring program to detect 

and document 

(1) signs of damage or potential damage to any component of the facility from 

settlement, ponding, leakage, thermal instability, frost action, erosion, thawing of the waste, or 

operations at the facility; 

(2) damage to the above-grade portions of groundwater monitoring devices or 

thermistors; 

(3) violations of permit conditions or requirements of this chapter, specifically 

including the requirements in 18 AAC 60.225(a) that are readily observable; 

(4) escape of waste or leachate or any unauthorized waste disposal; 

(5) slippage of a flexible liner or damage to its anchor; 

(6) erosion, a tear, a crack, or other damage to the visible portion of a liner; 

(7) damage to the structural integrity of a containment structure, retaining wall, 

erosion control, or diversion structure; 

(8) fire or combustion in the waste; and 

(9) evidence of death or stress to fish, wildlife, or vegetation that might be caused 

by the facility. 

(b) The department will require air pollution monitoring if there is credible evidence that 

the facility is causing or contributing to a violation of 18 AAC 50. 
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(c) The permittee shall ensure that a person who is familiar with permit requirements, 

with the applicable requirements of this chapter, and with the visual monitoring plan, conducts a 

visual inspection of the facility once each month, or at a frequency appropriate to facility 

operations as determined by the department and specified in the permit. 

(d) The owner or operator shall keep records of visual monitoring conducted under this 

section with the operating record of the facility for at least five years after the visual monitoring 

was conducted. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.080 

AS 46.03.020 AS 46.03.800 

18 AAC 60.810. Surface water monitoring. (a) The department will require a surface 

water monitoring system at a facility if the department finds that surface water pollution is likely 

to endanger public health or cause a violation of the water quality standards in 18 AAC 70. 

(b) If surface water monitoring is required under (a) of this section, surface water must 

be sampled at points of compliance selected by the permittee and approved by the department. 

The points of compliance must be chosen so that highest concentrations of hazardous 

constituents migrating off the facility will be detected and so that interference from sources of 

pollution unrelated to the facility’s solid waste management operations will be minimized. The 

point of compliance will normally be located no more than 50 feet outside a waste management 

area boundary and on land owned by the owner of the facility. When establishing a point of 

compliance under this subsection, the owner or operator may, and the department will, consider 

the criteria of 18 AAC 60.825(c) that are applicable to surface water. 

(c) If surface water monitoring is required under (a) of this section, points of compliance 

must be sampled during high flow and low flow conditions each year unless another schedule is 

approved or required by the department to meet the standards in (a) of this section. 

(d) If surface water monitoring is required under (a) of this section, monitoring 

parameters will be selected by the department from those that are set out in 18 AAC 60.840. 

The department will approve alternative parameters that are indicative of the type of hazardous 

constituents associated with the type of waste handled at the facility. 

(e) If surface water monitoring is required under (a) of this section, the owner or 

operator shall develop surface water monitoring procedures, including consistent sampling and 

analysis procedures designed to ensure that monitoring results provide an accurate representation 

of surface water quality at each location sampled. The owner or operator shall set out the procedures in a handbook or similar document and shall place the document in the operating record of 

the facility. The surface water monitoring procedures must include procedures and techniques 

for 

(1) sample collection; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) sample preservation and shipment; 

(3) analytical procedures; 

(4) chain of custody control; and 

(5) quality assurance and quality control. 

(f) If surface water monitoring is required under (a) of this section, the owner or operator 

shall 

(1) submit the results of surface water monitoring to the department after each 

sampling collection; and 

(2) keep records of surface water monitoring conducted under this section with 

the operating record of the facility for at least five years after the monitoring was conducted. 

(g) After a surface water monitoring program is established under this section, the owner 

or operator shall continue to comply with the surface water monitoring plan while the facility is 

active and throughout the monitoring period after the facility is closed. (Eff. 1/28/96, Register 

137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.800 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 AS 46.03.110 

18 AAC 60.815. Corrective action for problems discovered during visual and 

surface water monitoring or during an inspection. (a) If a structural change in or damage to 

the facility or a monitoring device, or if a violation of a permit condition is observed during 

visual or surface water monitoring or during a department inspection, the owner or operator shall 

take action to correct the change, damage, or violation, to prevent the escape of waste or 

leachate, and to clean up waste that was disposed of in an unauthorized manner. 

(b) If a statistically significant change in water quality is detected at the point of 

compliance as a result of the surface water monitoring program, the owner or operator shall 

(1) determine the extent of contamination; 

(2) determine if migration from the facility is the cause of the change in water 

quality; 

(3) evaluate whether the water quality standards in 18 AAC 70 are threatened or 

exceeded at the point of compliance selected under 18 AAC 60.810; and 

(4) submit written notification to the department within 30 days after detecting a 

violation of the applicable water quality standards unless the violation occurs in a water body 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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known by the owner or operator to be in use as a drinking water supply, in which case the 

written notification to the department must take place immediately after the owner or operator 

discovers the violation. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.800 

AS 46.03.010 AS 46.03.110 AS 46.03.810 

 AS 46.03.020 

18 AAC 60.820. Groundwater monitoring and corrective action. (a) Unless 

determined otherwise under (b) of this section, the groundwater monitoring and corrective action 

requirements of 18 AAC 60.820 - 18 AAC 60.860 apply to all solid waste disposal facilities 

except 

(1) an asbestos monofill; 

(2) an inactive reserve pit subject to 18 AAC 60.440; 

(3) a biosolids application site; 

(4) an inert waste monofill with a total volume of less than 1,000 cubic yards; 

(5) a freezeback landfill under 18 AAC 60.228; 

(6) a site subject to a general permit that does not require groundwater 

monitoring; 

(7) a Class III MSWLF: or 

(8) a Class II MSWLF, sewage solids monofill, wood waste monofill, or inert 

waste monofill located in an area that receives 25 inches or less in total precipitation each year. 

(b) The department will require groundwater monitoring at a facility listed in (a) of this 

section if 

(1) the owner or operator has knowledge that the facility is contaminating an 

aquifer of resource value; 

(2) the department finds that groundwater monitoring and corrective action are 

necessary to protect an aquifer; or 

(3) at a Class III MSWLF, if the department has credible evidence that the water 

quality standards of 18 AAC 70 have been violated in a surface water body or an aquifer, or 

conditions at the MSWLF are likely to result in harm to public health or the environment. 

(c) The department will suspend the groundwater monitoring requirements of 18 AAC 

60.820 - 18 AAC 60.860 for a Class I MSWLF if the owner or operator demonstrates that there 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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is no potential for migration of a hazardous constituent from that MSWLF to an aquifer during 

the active life of the MSWLF and the post-closure care period. The department will suspend the 

groundwater monitoring requirements of 18 AAC 60.820 - 18 AAC 60.860 for a landfill other 

than a Class I MSWLF if the owner or operator demonstrates that there is no practical potential 

for migration of a hazardous constituent from that landfill to an aquifer of resource value during 

the active life of the landfill and post-closure care. The demonstration must be certified by a 

qualified groundwater scientist, approved by the department, and be based upon 

(1) site-specific, field-collected measurements, sampling, and analyses 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 that consider effects on public health and the environment. 

(d) A new landfill must be in compliance with the applicable groundwater monitoring 

requirements of this section and 18 AAC 60.825 - 18 AAC 60.860 before waste may be placed in 

the landfill. The department will specify a schedule for the owner or operator of an existing or 

lateral expansion landfill to comply with the groundwater monitoring requirements specified in 

this section. In setting a compliance schedule under this subsection, the department will consider 

(1) the potential for human exposure to pollution from the waste; 

(2) the potential for environmental pollution; 

(3) the design of the landfill; 

(4) the age of the landfill; 

(5) the potential for pollution of any nearby aquifer; 

(6) the size of the landfill; 

(7) types and amounts of waste disposed of in the landfill, including sewage 

solids; and 

(8) the resource value of the underlying aquifer, including current and future 

uses, proximity and withdrawal rate of users, and groundwater quality and quantity. 

 (e) Once established at a landfill, groundwater sampling and analysis must be conducted 

as specified in 18 AAC 60.830 throughout the active life and post-closure care period of that 

landfill. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 
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18 AAC 60.825. Groundwater monitoring systems. (a) Except as provided in 

18 AAC 60.820, the owner or operator of a solid waste disposal facility subject to this chapter 

shall ensure that a groundwater monitoring system is installed with a sufficient number of wells, 

at locations and depths, that yield groundwater samples from the uppermost aquifer that 

represent the quality of 

(1) background groundwater that has not been affected by leachate from the 

facility; determination of background quality may include sampling of wells that are not 

hydraulically upgradient of the waste management area if 

(A) hydrogeologic conditions do not allow the owner or operator to 

determine which wells are hydraulically upgradient; or 

(B) sampling at other wells will provide an indication of background 

groundwater quality that is at least as representative as that provided by the upgradient 

wells; and 

(2) groundwater passing the relevant point of compliance as established under (c) 

of this section; the downgradient monitoring wells must be installed at the relevant point of 

compliance; if a physical obstacle precludes installation of the wells at the relevant point of 

compliance, the owner or operator may, with department approval, install the downgradient 

monitoring wells at the closest practical distance hydraulically downgradient from the relevant 

point of compliance, if the wells are capable of detecting pollution in the uppermost aquifer. 

(b) If a facility has more than one waste management area, the department will approve a 

facility-wide groundwater monitoring system instead of separate groundwater monitoring 

systems for each management area if the facility-wide system meets the requirements of (a) of 

this section and will be as protective of public health and the environment as individual 

monitoring systems for each area, based on the 

(1) number, spacing, and orientation of the waste management area; 

(2) hydrogeologic setting; 

(3) facility’s history; 

(4) engineering design of the waste management areas; and 

(5) type of waste accepted at the facility. 

(c) A relevant point of compliance must be proposed by the owner or operator of a 

facility required to have a groundwater monitoring system under this chapter. It is subject to 

approval by the department and 

(1) may be no more than 500 feet from the waste management boundary unless a 

facility-wide system is approved under (b) of this section; 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(2) must be located on land owned by the owner of the facility; 

(3) must ensure detection of groundwater pollution in the uppermost aquifer; and 

(4) must be based upon 

(A) the hydrogeologic characteristics of the facility and surrounding land; 

(B) the volume and physical and chemical characteristics of the leachate; 

(C) the quantity, quality, and direction of the flow of groundwater; 

(D) the proximity to, and groundwater withdrawal rate of, groundwater 

users; 

(E) the availability of alternative drinking water supplies; 

(F) the existing quality of the groundwater, including other sources of 

pollution and their cumulative effects on the groundwater, and whether the groundwater 

is used or might reasonably be expected to be used for drinking water; 

(G) public health, safety, and welfare; and 

(H) practicable capabilities of the owner or operator. 

 (d) Monitoring wells must be designed, installed, and decommissioned in accordance 

with (e) of this section and with the department’s Recommended Practices for Monitoring Well 

Design, Installation, and Decommissioning, April 1992, Adopted by reference, and with 18 AAC 

80.015(d). 

(e) The number, spacing, and depths of monitoring wells must be 

(1) determined based upon site-specific, technical, thorough characterization of 

(A) aquifer thickness, groundwater flow rate, and groundwater flow 

direction, including seasonal and temporal fluctuations in groundwater flow; and 

(B) saturated and unsaturated geologic units and fill materials overlying 

the uppermost aquifer, materials comprising the uppermost aquifer, and materials 

comprising the confining unit that constitutes the lower boundary of the uppermost 

aquifer, including thicknesses, stratigraphy, lithology, hydraulic conductivities, 

porosities, and effective porosities; and 

 (2) certified by a qualified groundwater scientist or otherwise approved by the 

department as meeting the standards set out in this section; the scientist shall certify to the best 

of the scientist’s knowledge that the wells are designed and placed where they are most likely to 

detect contamination from each waste management area; within 14 days after certification, the 
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owner or operator shall submit written notification to the department that the certification is 

complete and shall place it in the operating record of the facility. (Eff. 1/28/96, Register 137; am 

10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.800 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 AS 46.03.110 

Editor's note: The document adopted by reference in this section, Recommended Practices for 

Monitoring Well Design, Installation, and Decommissioning, April 1992, may be reviewed at the 

department's Juneau, Anchorage, and Fairbanks offices, is available for review at the Office of 

the Lieutenant Governor, or may be obtained from the department. 

18 AAC 60.830. Groundwater sampling and analysis. (a) The owner or operator 

shall develop groundwater monitoring procedures, including consistent sampling and analysis 

procedures designed to ensure that monitoring results provide an accurate representation of 

groundwater quality at the background and downgradient wells. The owner or operator shall set 

out the procedures in a handbook or similar document and shall place the document in the 

operating record of the facility and provide written notification to the department when that 

occurs. The groundwater monitoring procedures must include procedures and techniques for 

(1) sample collection; 

(2) sample preservation and shipment; 

(3) analytical procedures; 

(4) chain of custody control; 

(5) quality assurance and quality control; 

(6) compliance with (g) of this section; 

(7) evaluating the condition of the well at the time that the samples are taken; and 

(8) monitoring well maintenance. 

(b) The owner or operator shall ensure that the groundwater monitoring procedures 

include sampling and analytical methods that are appropriate for groundwater sampling and that 

accurately measure hazardous constituents and other monitoring parameters in groundwater 

samples. Groundwater samples may not be field-filtered before laboratory analysis unless the 

owner or operator demonstrates that hazardous constituents released from the solid waste will 

not be filtered out or volatilized by the filtration process. 

(c) Sampling procedures and frequency must protect public health and the environment. 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(d) Each time groundwater is sampled, the owner or operator shall measure groundwater 

elevations in each well immediately before purging. 

(e) Groundwater elevations in wells that monitor one facility must be measured within a 

period of time short enough to avoid temporal variations in groundwater flow that could preclude 

accurate estimation of groundwater flow rate and direction. 

(f) The owner or operator shall establish background groundwater quality in one or more 

hydraulically upgradient or background wells for each of the monitoring parameters or 

constituents required in the particular groundwater monitoring program that applies to the 

facility as determined under 18 AAC 60.850 or 18 AAC 60.860. Background data must be 

collected in each of the four seasons before waste is placed in the waste management area being 

monitored. Background groundwater quality must be established at wells that are located 

hydraulically upgradient from the facility unless alternative sampling locations meet the 

requirements of 18 AAC 60.825(a)(1). 

(g) The number of samples collected to establish groundwater quality must be consistent 

with the statistical methods selected under (h) of this section. The sampling procedures must be 

those specified in 

(1) 18 AAC 60.850(b) for detection monitoring; and 

(2) 18 AAC 60.860 for assessment monitoring and corrective action. 

(h) The owner or operator shall specify in the operating record one of the following 

statistical methods to be used in evaluating groundwater monitoring data for each hazardous 

constituent. The statistical method selected must be conducted separately for each hazardous 

constituent in each well. The methods to be selected from and used are: 

(1) a parametric analysis of variance, followed by multiple-comparisons 

procedures to identify statistically significant evidence of contamination; the method must 

include estimation and testing of the contrasts between each compliance well's mean and the 

background mean levels for each constituent; 

(2) an analysis of variance based on ranks, followed by multiple-comparisons 

procedures to identify statistically significant evidence of contamination; this method must 

include estimation and testing of the contrasts between each compliance well's median and the 

background median levels for each constituent; 

(3) a tolerance or prediction interval procedure in which an interval for each 

constituent is established from the distribution of the background data, and the level of each 

constituent in each compliance well is compared to the upper tolerance or prediction limit; 

(4) a control chart approach that gives control limits for each constituent; or 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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(5) another approved statistical test method that meets the performance standards 

of (i) of this section. 

(i) A statistical method selected under (h) of this section must comply with the following 

performance standards, as appropriate: 

(1) the statistical method used to evaluate groundwater monitoring data must be 

appropriate for the distribution of chemical parameters or hazardous constituents; if the 

distribution of the chemical parameters or hazardous constituents is shown by the owner or 

operator to be inappropriate for a normal theory test, then the data must be transformed, or a 

distribution-free theory test must be used; if the distributions for the constituents differ, more 

than one statistical method might be needed; 

 

(2) if an individual well comparison procedure is used to compare an individual 

well’s constituent concentration with background constituent concentrations or a groundwater 

protection standard, the test must be done at a Type I error level no less than 0.01 for each 

testing period; if a multiple-comparisons procedure is used, the Type I experiment-wise error 

rate for each testing period must be no less than 0.05; however, the Type I error of no less than 

0.01 for individual well comparisons must be maintained; this performance standard does not 

apply to tolerance intervals, prediction intervals, or control charts; 

(3) if a control chart approach is used to evaluate groundwater monitoring data, 

the specific type of control chart and its associated parameter values must protect public health 

and the environment; the parameters must be determined after considering the number of 

samples in the background data base, the data distribution, and the range of the concentration 

values for each constituent being analyzed; 

(4) if a tolerance interval or a predictional interval is used to evaluate 

groundwater monitoring data, the levels of confidence and, for tolerance intervals, the 

percentage of the population that the interval must contain must protect public health and the 

environment; these parameters must be determined after considering the number of samples in 

the background data base, the data distribution, and the range of the concentration values for 

each constituent being analyzed; 

(5) the statistical method must account for data below the limit of detection with 

one or more statistical procedures that protect public health and the environment; a practical 

quantitation limit that is used in the statistical method must be the lowest concentration level that 

can be reliably achieved within specified limits of precision and accuracy during routine 

laboratory operating conditions that are available to the facility; and 

(6) if necessary, the statistical method must include procedures to control or 

correct for seasonal and spatial variability as well as temporal correlation in the data. 

(j) The owner or operator shall determine whether there is a statistically significant 

increase over background values for each parameter or constituent required to be analyzed by the 

particular groundwater monitoring program that applies to the facility, as determined under 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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18 AAC 60.850(a) or 18 AAC 60.860. In addition, 

(1) to determine whether a statistically significant increase has occurred, the 

owner or operator shall compare the concentration of each parameter or constituent detected in a 

monitoring well to the background value of that constituent, according to the statistical methods 

and performance standards set out in (h) and (i) of this section; and 

(2) after completing sampling and analysis, the owner or operator shall determine 

whether there has been a statistically significant increase over background at each monitoring 

well. 

(k) The owner or operator shall furnish groundwater sampling data and analyses 

quarterly to the department in a format approved by the department and keep copies in the 

operating record of the facility for at least five years after the data and analysis are submitted to 

the department. (Eff. 1/28/96, Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.800 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 AS 46.03.110 

18 AAC 60.840. Parameters for surface water monitoring and groundwater 

detection monitoring. (a) Unless a reduced list of parameters is designated under 18 AAC 

60.850(a), during detection monitoring the owner or operator of a Class I MSWLF shall monitor 

groundwater for all contaminants listed in 40 C.F.R. 258, Appendix I, as amended through 

December 6, 1995, which is adopted by reference. In addition, the department will, in its 

discretion, require the owner or operator to test for one or more of the constituents and 

parameters listed in Table J in this section.
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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TABLE J 

OPTIONAL MONITORING CONSTITUENTS AND PARAMETERS

Acidity Alkalinity Ammonia nitrogen Biochemical Oxygen Demand Biocides Calcium Chemical Oxygen Demand Chlorides Conductivity at collection Copper Cyanide Diesel Range Petroleum 

 Hydrocarbons 

Dioxin Dissolved Oxygen Gasoline Range Petroleum Hydrocarbons Iron Magnesium Manganese Mercury Methylene Blue Active Substances 

Nitrate nitrogen Polychlorinated Biphenyls (PCBs) Pesticides pH 

 Potassium 

Purgeable aromatics Purgeable hydrocarbons Redox Potential at collecSheen Sodium Sulphate Temperature at collection Total Range Petroleum HTotal Kjeldahl Nitrogen Total Dissolved Solids Turbidity Zinc 

1. For sewage biosolids, the monitoring constituents or parameters must be selected on a site-specific basis. 2. Analyses for the parameters listed in this table must be performed using methods set out in Standard Methods for the and Wastewater (18th Edition, 1992), as amended through December 6, 1995, adopted by reference; Methods for Chemiand Wastes, EPA600/4-79-020, Revised March 1983, adopted by reference; Methods for Organic Chemical Analysis of Industrial Wastewater, EPA600/4-82-057, July 1982, adopted by reference; Test Methods for Evaluating Solid Waste, P

Methods (SW-846), adopted by reference in 18 AAC 60.365; DEC analytical methods AK101, Method for the Determin

Organics, DEC analytical method AK102, Method for the Determination of Diesel Range Organics, and DEC analytical 

for Determination of Residual Range Organics, set out in the department’s Underground Storage Tank Procedures Man

1995; as may be amended, adopted by reference in 18 AAC 78.007 and adopted by reference in this provision; or anothe

the department. 
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(b) The owner or operator of a facility, other than a Class I MSWLF, subject to surface 

water or groundwater monitoring shall test for those parameters of 40 C.F.R. Part 258, Appendix 

I, adopted by reference in (a) of this section and of Table J, applied to the facility by the 

department. The department will determine which test parameters are required on a case-by-case 

basis after considering the following factors: 

(1) the geological and hydrogeological characteristics of the site; 

(2) the impact of manmade and natural features on the effectiveness of surface 

and groundwater monitoring; 

(3) climatic factors that might influence the reliability of surface and 

groundwater monitoring procedures; and 

(4) the effectiveness of indicator parameters in detecting a release. (Eff. 1/28/96, 

Register 137; am 10/29/98, Register 148) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.800 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 AS 46.03.110 

Editor's note: The documents adopted by reference in this section may be reviewed at the 

department's Juneau, Anchorage, and Fairbanks offices and, with the exception of the C.F.R. 

document, are also on file in the Office of the Lieutenant Governor. Standard Methods for the 

Examination of Water and Wastewater is available from the AWWA Bookstore, 6666 West 

Quincy Avenue, Denver, Colorado 80235. Methods for Chemical Analysis of Water and Wastes, 

EPA600/4-79-020, Revised March 1983; Methods for Organic Chemical Analysis of Municipal 

and Industrial Wastewater, EPA600/4-82-057, July 1982; and Test Methods for Evaluating Solid 

Waste, Physical/Chemical Methods (SW-846), are available from National Technical 

Information Service, United States Department of Commerce, 5285 Port Royal Road, 

Springfield, Virginia 22161. DEC analytical methods AK101, AK102, and AK103 are available 

from the department, 410 Willoughby Avenue, Juneau, Alaska 99801-1795. 

On 6/2/99, as required by AS 44.62.245, the department gave notice that the following amended 

version of material, previously adopted by reference in 18 AAC 60.840, Table J, would be in 

effect on 6/25/99: DEC analytical methods AK101 (Method for the Determination of Gasoline 

Range Organics), AK 102 (Method for the Determination of Diesel Range Organics), and 

AK 103 (Method for the Determination of Residual Range Organics), from the department’s 

Underground Storage Tank Procedures Manual, as revised as of March 1, 1999 and adopted by 

reference in 18 AAC 78.007. The amended version may be reviewed at the department’s 

Juneau, Anchorage, and Fairbanks offices. 

As of Register 151, October 1999, the regulations attorney updated a cross-reference in 18 AAC 

60.840, Table J, note 2, so that the provision refers to 18 AAC 78.007 instead of 18 AAC 78.090, 

reflecting amendments to 18 AAC 78 that became effective 1/22/99, Register 149. 

18 AAC 60.850. Detection monitoring program. (a) Except as provided in 18 AAC 
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60.460(c), detection monitoring is required in all groundwater monitoring wells at facilities 

required to have groundwater monitoring under this chapter. At a minimum, detection 

monitoring requires monitoring for the applicable constituents and parameters listed in 18 AAC 

60.840. For a Class I MSWLF, the department will 

(1) delete any of the monitoring parameters required by this subsection if the 

owner or operator demonstrates that the removed constituents are not reasonably expected to be 

in or derived from the waste contained in the MSWLF; and 

(2) establish an alternative list of inorganic indicator parameters for the MSWLF, 

instead of some or all of the heavy metals identified in 18 AAC 60.840, if the alternative 

parameters provide a reliable indication of inorganic releases from the MSWLF to the 

groundwater; in determining alternative parameters, the department will consider the 

(A) types, amounts, and concentrations of constituents in wastes managed 

at the MSWLF; 

(B) mobility, stability, and persistence of hazardous constituents or their 

reaction products in the unsaturated zone beneath the MSWLF; 

(C) detectability of indicator parameters, hazardous constituents, and 

reaction products in the groundwater; and 

(D) concentration or values and coefficients-of-variation for monitoring 

parameters or constituents in the groundwater background. 

(b) Except as expressly provided elsewhere in this chapter, the required frequency of 

groundwater monitoring is as follows: 

(1) for a newly installed groundwater monitoring system, the first sampling must 

take place immediately after installation is completed; at that first sampling, the owner or 

operator shall collect at least four independent samples from each well; the owner or operator 

shall conduct at least three more samplings during the following two years, ensuring that 

samples are collected at least one time during each of the four seasons; during these subsequent 

samplings, the owner or operator shall collect at least one sample from each well; 

(2) if a facility owner or operator constructs a new landfill, samples must be 

collected at least once during the first six months of landfill operation and, at that sampling, the 

owner or operator shall collect at least four independent samples from each well that monitors 

the landfill waste management area; 

(3) where this chapter requires monitoring to begin upon the happening of a 

specific event, such as closure or installation of a cap, monitoring must be conducted in the 

manner and at the frequency required for a new system by (1) of this subsection; 

(4) after completing the initial monitoring of (1) - (3) of this subsection, as 

applicable, sampling must continue for the remainder of the active life of the facility and during 
Register 195, October 2010 ENVIRONMENTAL CONSERVATION 

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any post-closure care period, at a frequency established by the department; the frequency will be 

no less than annual and will be based on consideration of the 

(A) lithology of the aquifer and unsaturated zone; 

(B) hydraulic conductivity of the aquifer and unsaturated zone; 

(C) groundwater flow rates; 

(D) minimum distance between upgradient edge of the waste management 

area and downgradient monitoring well screen (minimum distance of travel); 

(E) resource value of the aquifer; and 

(F) evidence of groundwater or surface water contamination. 

(c) If the owner or operator determines under 18 AAC 60.830(j) that there is a statistically significant increase over background for one or more of the constituents monitored, at any 

monitoring well at the point of compliance, the owner or operator 

(1) shall, within 14 days after making the determination, place a notice in the 

operating record of the facility indicating which constituents have shown statistically significant 

changes from background levels, and submit written notification to the department that this 

notice was placed in the operating record; 

(2) shall, within 90 days, either establish an assessment monitoring program that 

meets the requirements of 18 AAC 60.860, or make the demonstration allowed by (3) of this 

subsection; and 

(3) may demonstrate that a source other than the monitored waste management 

area caused the pollution, or that the statistically significant increase resulted from error in 

sampling, analysis, statistical evaluation, or natural variation in groundwater quality; a report 

documenting this demonstration must be certified by a qualified groundwater scientist or 

otherwise approved by the department and must be placed in the operating record; if a successful 

demonstration is made and documented, the owner or operator may continue detection 

monitoring as specified in this section; if, after 90 days, a successful demonstration is not made, 

the owner or operator shall initiate the assessment monitoring program required by 18 AAC 

60.860. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.020 AS 46.03.100 

AS 46.03.010 AS 46.03.070 AS 46.03.110 

18 AAC 60.860. Assessment monitoring and corrective action. A person subject to 

18 AAC 60.800 - 18 AAC 60.850 shall perform assessment monitoring and corrective action in 

accordance with 40 C.F.R. 258.55 - 40 C.F.R. 258.58, as amended through December 6, 1995, 
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which are adopted by reference. The terms “municipal solid waste landfill,” “MSWLF,” and 

“MSWLF Unit” used in those federal regulations include all facilities required to have 

groundwater monitoring under this chapter. (Eff. 1/28/96, Register 137) 

Authority: AS 44.46.020 AS 46.03.070 AS 46.03.110 

AS 46.03.010 AS 46.03.100 AS 46.03.810 

AS 46.03.020 
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Article 8. General Provisions. 

Section

900. Waivers 

990. Definitions 

18 AAC 60.900. Waivers. (a) Subject to (b) of this section, the department will grant a 

waiver of one or more provisions of this chapter, except a provision applicable to a Class I 

MSWLF and required by 40 C.F.R. 258, revised as of July 1, 1998. To secure a waiver under 

this section, the applicant must identify, in writing, the provision sought to be waived and must 

demonstrate that 

(1) compliance with the identified provision would cost significantly more than 

the value of the environmental benefit, public health risk reduction, and nuisance avoidance that 

could be achieved through compliance with the identified provision; or 

(2) the proposed alternative action will provide equal or better environmental 

protection, reduction in public health risk, and control of nuisance factors than compliance with 

the identified provision. 

(b) In granting a waiver, the department will impose specific conditions as necessary to 

assure that public health and welfare and the environment are protected. (Eff. 1/28/96, 

Register 137; am 7/11/99, Register 151) 

Authority: AS 44.46.020 AS 46.03.010 AS 46.03.020 

18 AAC 60.990. Definitions. Unless the context indicates otherwise, in this chapter 

(1) “accepts for disposal” means the act of 

(A) accepting solid waste at a solid waste disposal facility and then 

disposing of the waste without treating the waste; or 

(B) disposing of waste or residue that is left after solid waste has been 

incinerated or otherwise treated; 

(2) "accumulation" means the collection of waste or discarded material until the 

waste or material can be shipped for disposal or another use; 

(3) "active life" means the period of operation beginning with the first receipt of 

solid waste and ending at completion of closure activities; 

(4) "active portion" means that part of a facility or unit in which disposal 

operations have been or are being conducted, but does not include a facility or unit with a 

complete final cover; 
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(5) "active thaw zone" means the surface layers of organic matter and mineral 

soils that thaw each year in areas of permafrost; 

(6) “agronomic rate for nitrogen” means the maximum amount of nitrogencontaining material that can be spread evenly over an area so that all of the nitrogen in the 

material is used by the crops grown onsite, taking into account any residual nitrogen present in 

the soil or the addition of another fertilizer; 

(7) "airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities; 

(8) "amalgamated” means to mix or alloy a metal with mercury; 

(9) "animal waste" means discarded material originating from an animal 

inoculated with an infectious agent during research, production of biologicals, or pharmaceutical 

testing; “animal waste” includes the carcass, body parts, blood, and bedding of any animal 

known to have been in contact with an infectious agent; 

(10) “application site” means a facility subject to land application of sewage 

solids or biosolids; 

(11) "approved" means approved by the department; 

(12) "aquifer" means a geological formation, group of formations, or portion of a 

formation capable of yielding significant quantities of groundwater to wells or springs; 

(13) "aquifer of resource value" means an area beneath the ground that is used as 

a drinking water supply source, has a reasonable potential to be used as a drinking water supply 

source, or has some other potential use for which uncontaminated water might be important; 

(14) "area susceptible to mass movement" means an area of influence, including 

an area characterized as having an active or substantial possibility of mass movement, when the 

movement of earth material at, beneath, or adjacent to a MSWLF, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of 

gravitational influence, including landslides, avalanches, debris slides and flows, soil fluction, 

block sliding, and rock fall; 

(15) "asbestos" means the asbestiform varieties of serpentine (chyrsotile), 

riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite; 

(16) "aufeis" means ice that is formed as water flows over a frozen surface; 

(17) "barrier berm" means an above-grade containment structure used in regions 

of continuous permafrost; 

(18) "barrier layer" means a continuous horizontal layer of natural or synthetic 

materials through which the movement of liquid is prevented or greatly restricted; 
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(19) "base flood" means a flood that has a one percent or greater chance of 

recurring in any year, or a flood of a magnitude equaled or exceeded once in 100 years on the 

average over a significantly long period; 

(20) "biosolids" means solid, semi-solid, or liquid residue generated during 

treatment of domestic sewage in a treatment works; “biosolids” includes domestic septage; scum 

or solids removed in primary, secondary, or advanced wastewater treatment processes; and a 

material derived from biosolids; "biosolids" does not include ash generated during the firing of 

biosolids in a biosolids incinerator or grit and screenings generated during preliminary treatment 

of domestic sewage in a treatment works; 

(21) "bird hazard" means an increase in the likelihood of a bird-aircraft collision 

that might cause damage to the aircraft or injury to its occupants; 

(22) "blood and blood products" means discarded waste human blood and blood 

components, including serum and plasma, and materials containing free-flowing blood and blood 

components; 

(23) "cap" means a combination of natural or synthetic materials, including a 

barrier layer and final cover, placed on a closed waste containment structure; 

(24) "Category I nonfriable asbestos-containing material" means asbestoscontaining packings, gaskets, resilient floor covering, and asphalt roofing products that contain 

more than one percent asbestos, determined using the method in 40 C.F.R. 763, Subpart E, 

Appendix E, Polarized Light Microscopy, revised as of July 1, 1997, adopted by reference; 

(25) "Category II nonfriable asbestos-containing material" means asbestoscontaining material such as shingles, wallboard, or cementitious pipe that 

(A) contain more than one percent asbestos, determined using the method 

in 40 C.F.R. 763, Subpart E, Appendix E, Polarized Light Microscopy, revised as of July 

1, 1997, adopted by reference; and 

(B) when dry, cannot be crumbled, pulverized, or reduced to powder by 

hand pressure; 

(26) "Clean Water Act" means the “Federal Water Pollution Control Act,” 

33 U.S.C. 1251 - 33 U.S.C. 1387, as amended through August 21,1998; 

(27) "closed portion" means that part of a facility or unit that has been closed in 

accordance with this chapter; 

(28) "commercial solid waste" means all types of solid waste generated by a 

store, office, restaurant, warehouse, or other nonmanufacturing activity; “commercial solid 

waste” does not include residential and industrial wastes; 
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(29) "containment structure" means a type of waste management area in which an 

arrangement of dikes, walls, barrier berms, pits, ice storage pits, liners, pads, cover material, and 

other similar constructs are used to hold solid waste and to prevent the escape, seepage, or 

discharge of solid waste and leachate from, or infiltration of water or precipitation into, the waste 

management area; 

(30) "cover material" means a natural or synthetic material, or combination of 

materials, used to cover solid waste disposed of at a solid waste disposal facility or unit; 

(31) "crumb rubber" means vehicle tires that have been chopped and ground to a 

grain size less than or equal to one-quarter inch in diameter; 

(32) "crystallization point" means the temperature below 32 F at which ice 

crystals begin to form; 

(33) "cultures and stocks" means discarded cultures and stocks of infectious 

agents and associated microbiologicals, including human and animal cell cultures from medical 

and pathological laboratories, cultures and stocks of infectious agents from research and 

industrial laboratories, waste from the production of biologicals, discarded live and attenuated 

vaccines, and culture dishes and devices used to transfer, inoculate, or mix cultures of infectious 

agents; 

(34) "demonstrate" means to make a showing of fact to the department; unless a 

different standard is established on a case-by-case basis, a “demonstration” required by this 

chapter must show the asserted conclusion by a preponderance of evidence; 

(35) "department" means the Alaska Department of Environmental Conservation; 

(36) "designated portion" means the active portion of a facility, including the 

closed portion and that portion set aside to become an active portion in the future; 

(37) "disease vector" means a carrier that can transmit a pathogen from one 

organism to another, and includes flies and other insects, rodents and other small mammals, 

birds, and vermin; 

(38) "displacement" means the relative movement of any two sides of a fault, 

measured in any direction; 

(39) "disposal" means the deposit of a solid or liquid waste into or onto the water 

or land of the state, whether the waste is contained or uncontained, by discharging, injecting, 

dumping, spilling, leaking, placing, discarding, or abandoning the waste so that the waste or any 

part or byproduct of the waste might enter the environment; 

(40) “domestic wastewater” has the meaning given in 18 AAC 72.990; 

(41) "drilling waste" means exploration and production waste exempted from 

RCRA Subtitle C that is associated with the exploration, development, or production of crude 

oil, natural gas, or geothermal energy; “drilling waste” includes drilling muds, cuttings, 
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hydrocarbons, brine, acid, sand, and emulsions or mixtures of fluids produced from and unique 

to the operation or maintenance of a well, whether naturally occurring or added for the operation 

or productivity of the well; "drilling waste" is only waste described in this paragraph that is 

derived intrinsically from primary field operations, produced from a well, and removed at the 

drill site or removed at a crude oil production facility by crude oil or wastewater treatment 

process before custody transfer of the crude oil; "drilling waste" does not include spent solvents 

and oils from equipment maintenance activities, discarded chemical products, or fuels; 

(42) repealed 9/7/2002; 

(43) "emergency relief volume" means the space necessary to contain material 

expelled from an oil or gas well during an underground pressure imbalance; the minimum 

emergency relief volume is routinely one and one-half times the well bore or casing volume; 

(44) “EPA” means the United States Environmental Protection Agency; 

(45) "existing MSWLF" means a municipal solid waste landfill that was 

receiving solid waste as of October 9, 1993; 

(46) "existing or developing population" means a community of persons residing 

in close proximity to each other, with a concentration equivalent to at least 120 persons per 

one-quarter section (160 acres); 

(47) "explosive gas" means methane (CH4); 

(48) "facility" means all contiguous land and structures, other appurtenances, and 

improvements on land used for treatment, storage, or disposal of solid waste; facility includes 

solid waste disposal facilities, solid waste processing facilities, and treatment works; 

(49) "facility structures" means any buildings, sheds, or utility or drainage lines 

on the facility; 

(50) "fault" means a fracture or a zone of fractures in any material along which 

strata on one side have been displaced with respect to that on the other side; 

(51) "floodplain" means the lowland and relatively flat areas adjoining inland 

and coastal waters; “floodplain” includes flood-prone areas of offshore islands, that are 

inundated by the 100-year flood; for purposes of this paragraph, "100-year flood" means a flood 

that has a one percent or greater chance of recurring in any given year or a flood of a magnitude 

equalled or exceeded once in 100 years on the average over a significantly long period; 

(52) “fluid management plan" means the use of snow removal or any dewatering 

practice to keep to a minimum the hydrostatic head of fluids and drilling wastes in a containment 

structure; “fluid management plan” includes approved disposal of liquid wastes in an injection 

well, or by other approved discharge to the land and water of the state; 
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(53) "freezeback" means the process of freezing solid waste in place as a means 

to prevent the migration of solid waste and leachate from the designated portion of a facility or 

unit; 

(54) “friable asbestos material" means material that 

(A) contains more than one percent asbestos, determined using the 

method in 40 C.F.R. 763, Subpart E, Appendix E, Polarized Light Microscopy, revised as 

of July 1, 1997, adopted by reference; and 

(B) when dry, can be crumbled, pulverized, or reduced to powder by hand 

pressure; 

(55) "gas condensate" means the liquid generated as a result of a gas recovery 

process at a MSWLF; 

(56) "groundwater" means water below the land surface in the zone of saturation; 

(57) "hard rock mine” means a mining facility, on the surface or underground, in 

which mineral resources are extracted from consolidated or lithified geologic formations; 

(58) "hazardous constituent” means a constituent listed in 40 C.F.R. Part 258, 

Appendices I or II, revised as of July 1,1997; 

(59) "hazardous waste" has the meaning given in AS 46.03.900; 

(60) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present; “Holocene” is generally considered to 

be 10,000 years; 

(61) "household waste" means solid waste; “household waste” includes garbage, 

trash, and sanitary waste in septic tanks, derived from a household; for the purposes of this 

paragraph, “household” includes single and multiple residences, hotels and motels, bunkhouses, 

ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas; 

(62) "inactive reserve pit" means a drilling waste disposal area, containment 

structure, or group of containment structures where drilling waste has not been disposed of after 

January 28, 1996 and at which the owner or operator does not plan to dispose of drilling waste; 

(63) "industrial solid waste" means solid waste generated by a manufacturing or 

industrial process that is not a hazardous waste regulated under 42 U.S.C. 6921 - 42 U.S.C. 

6939b (RCRA, Subtitle C), as amended through August 21, 1998; "industrial solid waste" 

includes polluted soil, inorganic chemicals, iron and steel manufacturing waste, leather and 

leather products, waste from nonferrous metals manufacturing and foundries, drilling waste, 

organic chemicals, plastic resin waste, sludges and boiler ash from the pulp and paper industry, 

rubber and miscellaneous plastic products, textile manufacturing waste, and water treatment 

chemicals; “industrial solid waste" does not include coal ash, slaughterhouse waste, wood waste, 

inert waste, or mining waste; 
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(64) "inert waste" means solid waste that has a low potential to pollute air or 

water, and that does not normally attract wildlife; “inert waste” includes coal power plant ash, 

scrap metal, auto fluff, construction and demolition waste, and pavement rubble; "inert waste" 

does not include asphalt material that contains asbestos; 

(65) "injection well" means a confined subsurface porous soil or rock formation 

for the disposal of waste; 

(66) "karst terrane" means an area where karst topography, with its characteristic 

surface and subterranean features, is developed as the result of dissolution of limestone, 

dolomite, or other soluble rock; in this paragraph “characteristic surface and subterranean 

features” include sinkholes, sinking streams, caves, large springs, and blind valleys; 

(67) "landfill" means an area of land, or an excavation in which solid wastes are 

placed for permanent disposal, and that is not an application site, injection well, reserve pit, or 

waste pile; 

(68) "lateral expansion" means a horizontal expansion of the waste boundaries of 

an existing solid waste disposal facility; 

(69) "leachate" means liquid that has passed through or emerged from solid waste 

and contains soluble, suspended, or miscible materials removed from the wastes; 

(70) "leachate collection system" means a system or device installed immediately 

above a liner that is designed, constructed, maintained, and operated to collect and remove 

leachate from a landfill; 

(71) "liner" means a continuous layer of natural or synthetic materials beneath or 

on the sides of a landfill or solid waste containment structure, or a vertical layer installed in a 

barrier berm, that extends continuously from the base of the active thaw zone to the top of the 

barrier berm to prevent solid waste and leachate from escaping from the landfill or the containment structure; 

(72) “liquid waste" means waste material that is determined to contain free 

liquids as defined by Method 9095 (Paint Filter Liquids Test), as described in Test Methods for 

Evaluating Solid Waste, Physical/Chemical Methods (SW-846), adopted by reference in 18 AAC 

60.365; 

(73) "lithified earth material" means rock, including naturally occurring and 

naturally formed aggregates or masses of minerals or small particles of older rock that formed by 

crystallization of magma or by induration of loose sediments; "lithified earth material" does not 

include human-made material, such as fill, concrete, and asphalt, or unconsolidated earth 

material, soil, or regolith lying at or near the earth surface; 

(74) “litter" has the meaning given that term in AS 46.06.150; 
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(75) "lower explosive limit" means the lowest percent by volume of a mixture of 

explosive gases that will propagate a flame in air at 25C and atmospheric pressure; 

(76) "major road system" means a system of connected pioneer roads and 

community roads as described in 17 AAC 05.030, with a total length of 100 miles or more; 

(77) "maximum horizontal acceleration in lithified earth material" means the 

maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent 

or greater probability that the acceleration will not be exceeded in 250 years, or the maximum 

expected horizontal acceleration based on a site-specific seismic risk assessment; 

(78) "medical waste" means laboratory waste consisting of discarded cultures and 

stocks of infectious agents and associated microbiologicals; pathological wastes; selected 

isolation waste; used and unused discarded sharps; animal waste; human blood, or blood 

products; and other wastes defined as "regulated waste" in 29 C.F.R. 1910.1030(b), revised as of 

July 1, 1997; 

(79) "medical waste incinerator" means 

(A) a two-chambered incinerator that holds waste for at least one second 

at temperatures at or above 1700oF in the secondary chamber, and operates at 1200o or 

more in the primary chamber; or 

(B) a thermal oxidation unit approved by the department; 

(80) "monofill" means a landfill or drilling waste disposal facility that receives 

primarily one type of solid waste and that is not an inactive reserve pit; 

(81) "MSWLF" means a municipal solid waste landfill; 

(82) "municipal solid waste landfill” and “MSWLF" mean an area of land or an 

excavation that receives household waste, and that is not an application site, surface 

impoundment, injection well, or waste pile; “municipal solid waste landfill” includes a new 

MSWLF, an existing MSWLF, and a lateral expansion of an existing MSWLF; 

(83) "new MSWLF" means a municipal solid waste landfill unit that did not 

receive waste before October 10, 1993; 

(84) “nondomestic wastewater” has the meaning given in 18 AAC 72.990; 

(85) "nonfriable asbestos material" means asbestos-containing material that, 

when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure; 

(86) "open burning" means the combustion of solid waste without 

(A) control of combustion air to maintain adequate temperature for 
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efficient combustion; 

(B) containment of the combustion reaction in an enclosed device to 

provide sufficient residence time and mixing for complete combustion; and 

(C) control of the emission of the combustion products; 

(87) "operator" means the person or persons responsible for the overall operation 

of a facility; 

(88) "owner" means the person or persons who own a facility; unless expressly 

excluded in a particular section, “owner or operator” includes the holder of a permit issued under 

this chapter regardless of whether the permittee otherwise fits within the definitions given of 

those terms; 

(89) "pathological waste" means discarded pathological waste, including human 

tissues, organs, and body parts removed during surgery, autopsy, or other medical procedure; 

(90) “PCB waste” means polychlorinated biphenyls waste; 

(91) "permafrost" means soil in which the naturally occurring temperature has 

remained below 32oF for two or more consecutive years; 

(92) repealed 9/7/2002; 

(93) "permanently frozen state" means the condition at which both of the 

following occur: 

(A) the temperature of the waste is perpetually at or colder than 0.5 

degrees F below the crystallization point of the waste; and 

(B) migration of leachate and other waste constituents from the buried 

waste is prevented; 

(94) "pH" means the logarithm of the reciprocal of the hydrogen ion concentration; 

(95) "placer mining” means obtaining, by washing or dredging, minerals from a 

glacial or alluvial deposit of sand or gravel that contains eroded particles of valuable minerals; 

(96) "polluted run-off water” means water that violates a criterion of 40 C.F.R. 

257-3-3, revised as of July 1, 1997, adopted by reference, the water quality standards of 18 AAC 

70, or the drinking water standards of 18 AAC 80; 

(97) "polluted soil" means soil or residue that is disposed of in a landfill, that is 

not a regulated hazardous waste, and that meets any of the following criteria: 

 

(A) contains a hazardous substance in a concentration exceeding 
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applicable soil cleanup levels set in 18 AAC 75.341 Table B1 or Table B2; 

(B) contains petroleum contaminated media or debris associated with an 

underground storage tank that is exempted from regulation as a hazardous waste under 

40 C.F.R. 261.4(b)(10), revised as of July 1, 1998, adopted by reference; 

(98) "pollution” has the meaning given in AS 46.03.900; 

(99) "poor foundation conditions" means an area where features exist that 

indicate a natural or human-induced event might result in inadequate foundation support for the 

structural components of a solid waste disposal facility; 

(100) "Portland cement" means a material used primarily as the ingredient that 

binds the aggregate together in concrete; concrete made with Portland cement differs from 

asphalt cement in that Portland cement hardens due to the hydration of lime, while asphalt 

cement, which uses hydrocarbons as a binder, hardens as it cools; 

(101) "public water system" means a source of water, intake works, collection 

system, treatment works, storage facility, or distribution system from which water is available 

for human consumption; “public water system” includes systems providing water to more than 

one residential dwelling unit, or to a factory, office building, restaurant, school, or other similar 

facility, “public water system” does not include a system serving only a single-family residence; 

(102) "pumpable fluids" means fluids that can be readily pumped or made to flow 

under normal conditions at temperatures above freezing; 

(103) "putrescible waste" means solid waste that contains organic matter capable 

of being decomposed by microorganisms and of such a character and proportion as to cause 

obnoxious odors and to be capable of attracting or providing food for birds or animals; 

(104) "qualified groundwater scientist" means a scientist or engineer who has 

received a baccalaureate or post-graduate degree in the natural sciences or engineering and has 

sufficient training and experience in groundwater hydrology and related fields as may be 

demonstrated by professional certification or completion of accredited university programs that 

enable that scientist or engineer to make sound professional judgments regarding groundwater 

monitoring, contaminant fate and transport, and corrective action; 

(105) "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. 

6901 - 42 U.S.C. 6992k, as amended through August 21, 1998; 

(106) "recycling" means the process by which a material that would otherwise be 

destined for disposal is collected, reprocessed, or remanufactured, and then reused; 

(107) "registered engineer" means an engineer who is registered in this state 

under AS 08.48.211; 

(108) "regulated asbestos-containing material or RACM" means 
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(A) friable asbestos material; 

(B) Category I nonfriable asbestos-containing material that has become 

friable; 

(C) Category I nonfriable asbestos-containing material that will be, or has 

been, subject to sanding, grinding, cutting, or abrading; and 

(D) Category II nonfriable asbestos-containing material that has a high 

probability of becoming, or has become, crumbled, pulverized, or reduced to powder by 

the forces expected to act on the material in the course of a demolition or renovation 

operation regulated by 40 C.F.R. 61.145, revised as of July 1, 1997, or in the course of a 

disposal operation regulated under this chapter; 

(109) "regulated hazardous waste" means a waste that is a hazardous waste, as 

defined in 40 C.F.R. 261.3, revised as of July 1, 1998, adopted by reference, that is not excluded 

from regulation as a hazardous waste under 40 C.F.R. 261.4(b), revised as of July 1, 1998, 

adopted by reference, and was not generated by a conditionally exempt small quantity generator; 

(110) "reinforced barrier berm" means a barrier berm in which a liner is installed; 

(111) "representative sample" means a sample the chemical makeup or characteristics of which are indicative of the in situ material from which it came; 

(112) "resource recovery" means the recovery of materials or energy from solid 

waste for industrial use, agriculture, heat production, power production, or another process or 

purpose, including recycling; 

(113) “road base” means the areas under and adjacent to the surface of a road that 

are not normally in contact with standing water; 

(114) "run-off" means rainwater, leachate, or other liquid that drains over land 

from any part of a facility; 

(115) "run-on" means rainwater, leachate, or other liquid that drains over land 

onto any part of a facility; 

(116) "salvaging" means the controlled removal of waste materials for recycling 

or reuse; 

(117) "seismic impact zone" means an area with a 10 percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a decimal 

fraction of the earth's gravitational pull will exceed 0.10g in 250 years; 

(118) "selected isolation waste" means discarded waste material that is contami-
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nated with excretions, exudates, and secretions from patients with highly communicable 

diseases, and that is treated in isolation; “selected isolation waste” includes blood and blood 

components, and sharps; 

(119) "septage" means liquid or solid material removed from a septic tank, 

cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that 

receives only domestic sewage; "domestic sewage" does not include liquid or solid material 

removed from a septic tank, cesspool, or similar treatment works that receives commercial 

wastewater or industrial wastewater and does not include grease removed from a grease trap at a 

restaurant; 

(120) "sewage solids" means waste that passes the paint filter test (EPA Test 

Method 9095, published in Test Methods for Evaluating Solid Waste, Physical/Chemical 

Methods (SW-846), adopted by reference in 18 AAC 60.365, and has been removed from a 

wastewater treatment system, sewer, septic tank, or other wastewater handling equipment; 

"sewage solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 

treatment sludge; 

(121) "sewage solids monofill” means a monofill used for disposal of sewage 

solids, including a “surface disposal site” as defined in 40 C.F.R. 503.21, revised as of July 1, 

1997; 

(122) "sharps" means discarded implements or parts of equipment used in animal 

or human patient care, medical research, or industrial laboratories, including hypodermic 

needles, syringes, pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, 

broken or unbroken glassware that has been in contact with an infectious agent, slides, cover 

slips, and unused, discarded implements or parts of equipment; 

(123) "site" means the land, structures, and equipment at a given location 

associated with a facility subject to this chapter; 

(124) "solid waste" has the meaning given in AS 46.03.900; 

(125) "solid waste disposal facility" has the meaning given in AS 46.03.900; 

(126) "solid waste management system” means a comprehensive waste management regime that might extend beyond the boundary of a single facility, "solid waste 

management system” includes transport, storage, treatment, and disposal operations; 

(127) "solid waste processing facility” has the meaning given in AS 46.03.900; 

(128) "spoil and overburden” means soil, rock, and other material that is removed 

during a mining operation to gain access to ore; 

(129) "store” means holding for a temporary period, at the end of which the 

material being held is treated, disposed of, or otherwise relocated; 

(130) "structural component" means a liner, leachate collection system, final 

cover, run-on/run-off system, and any other component used in the construction and operation of 
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a waste management area that is necessary to protect public health, safety, and welfare and the 

environment; 

(131) "surface impoundment" or "impoundment" means a facility or part of a 

facility that is a natural topographic depression, human-made excavation, or diked area formed 

primarily of earthen materials, although it may be lined with human-made materials, that is 

designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is 

not an injection well; “surface impoundments” includes holding storage, settling, and aeration 

pits, ponds, and lagoons; 

(132) "surface transportation" means pioneer roads and community roads as 

described in 17 AAC 05.030, or a railroad system that routinely handles freight; "surface 

transportation" does not include barges or any other form of water craft; 

(133) "surface water" means water 

(A) open to the atmosphere and subject to surface run-off; and 

(B) from springs, wells, or other collectors directly influenced by surface 

water; 

(134) "tailings” means refuse or dross remaining after ore from a mining 

operation has been processed; 

(135) "thermal instability" means the potential for subsurface degradation of the 

soils due to thawing in permafrost or ice-rich areas; 

(136) "transfer station" means a public use facility for the deposit and temporary 

storage of solid waste, “transfer station” includes a transfer station located at a landfill; "transfer 

station" does not include a facility for the storage of a regulated hazardous waste; 

(137) "treat" means subjecting waste to physical, mechanical, chemical, biological, or thermal processes that reduce the volume or toxicity, or change the characteristics of the 

waste; 

(138) "treatment works" has the meaning given in AS 46.03.900; 

(139) “twenty-five-year storm” or “25-year storm” means a storm that has no 

more than a four percent chance of recurring in any given year or a storm of magnitude equaled 

or exceeded once in 25 years on the average over a significantly long period; 

(140) "Type I error" means in a statistical test, incorrectly indicating pollution or 

an increase in pollution; 

(141) “unsaturated zone” means the ground layer beneath the topsoil and 

overlying the water table in which water in the pore spaces coexists with air or in which 

geological matter is unsaturated; 
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(142) "unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of a landfill’s 

structural components responsible for preventing releases from the landfill; "unstable area" 

includes poor foundation conditions, areas susceptible to mass movements, or earthquakeinduced failures, areas underlain by permafrost, and Karst terranes; 

(143) "uppermost aquifer" means the geologic formation nearest the natural 

ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected 

with this aquifer within, or immediately downgradient of, the facility's boundary; 

(144) "washout" means the carrying away of solid waste by waters of the base 

flood; 

(145) "waste disposal permit" means a permit issued under this chapter; 

(146) "waste incompatible with freezeback" means waste that prevents the buried 

waste in a landfill from attaining a permanently frozen state within the time period allowed in a 

permit issued under this chapter; 

(147) "waste management area” means that part of a facility in which solid 

wastes are treated, stored, or disposed of; 

(148) "waste management boundary" means a plane surface located at the 

hydraulically downgradient limit of a waste management area, extending down into the uppermost aquifer; 

(149) "waste pile" or "pile" means any noncontainerized accumulation of solid, 

nonflowing waste; 

(150) "waste rock” means rock that has been removed during mining or advanced 

exploration that does not contain sufficient metallic minerals to constitute ore; “waste rock” 

includes spoil and overburden; 

(151) "waste source reduction" means a change in a habit or process that results 

in less waste being produced, "waste source reduction" does not include physical processing of 

waste in balers or incinerators; 

(152) "water" or "waters" has the meaning given in AS 46.03.900; 

(153) "wetlands" has the meaning given in 40 C.F.R. 232.2, revised as of July 1, 

1997; 

(154) "wood waste" means a solid waste that is generated during the transfer or 

processing of timber, "wood waste" includes wood chips, bark, sawdust, and other such woody 

debris; 

(155) “large inert landfill” means a landfill that is designed to accept more than 
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1000 cubic yards of inert waste; 

(156) “institutional control” means a measure taken to limit, prohibit, or protect 

against an activity that could 

(A) interfere with the integrity of activities or improvements designed to 

encapsulate or control pollution at a facility, or 

(B) result in human or environmental exposure to pollution; 

(157) “acute hazardous waste” means a waste identified as an acute hazardous 

waste under 40 C.F.R. 261.30 – 261.33, revised as of July 1, 1998, adopted by reference; 

(158) “conditionally exempt small quantity generator” has the meaning given in 

40 C.F.R. 261.5, revised as of July 1, 1998, adopted by reference; 

(159) “post closure period” means the time period following closure of a facility 

during which monitoring or care of the facility is required under this chapter; if a closure report 

or certification is required, the post-closure period begins when the report or certification 

requirements is satisfied and ends when the conditions of 18 AAC 60.270 are met; 

(160) “food waste disposal facility” means a facility used to dispose of 

(A) slaughterhouse waste; 

(B) waste from a seafood processing facility subject to 18 AAC 34; or 

(C) waste from a food processing establishment subject to 18 AAC 31; 

(161) Repealed 09/5/2010; 

(162) “household hazardous waste” means solid waste that may have hazardous 

constituents, but that is not regulated under 42 U.S.C. 6921 – 6939e (resource Conservation and 

Recovery Act, subtitle C) because it is generated by a household; for purposes of this paragraph, 

“household” includes single and multiple residences, hotels and motels, bunkhouses, ranger 

stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas; 

(163) “household hazardous waste storage facility” means a facility used for the 

collection or storage of 

(A) household hazardous waste; or 

(B) conditionally exempt small quantity generator waste that is not 

regulated under 42 U.S.C. 6921 – 6939e (Resource Conservation and Recovery Act, 

subtitle C) if disposed of in accordance with those provisions; 

(164) “untreated medical waste” means medical waste that has not been treated in 
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an autoclave according to the manufacturer’s instructions or incinerated; 

 (165) “wetted surface” means that area of a solid waste disposal cell or trench 

excavation surface that is in contact with solid or liquid waste; 

(166) "working day" means a day other than Saturday, Sunday, or a state holiday. 

 (Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 

6/30/2002, Register 162; am 9/7/2002, Register 163; am 9/5/2010, Register 195)) 

Authority: AS 44.46.020 AS 46.03.100 AS 46.03.810 

AS 46.03.010 AS 46.03.110 AS 46.06.010 

AS 46.03.020 AS 46.03.800 AS 46.06.080 

Editor's note: The documents referred to in this section may be reviewed at the department's 

Juneau, Anchorage, and Fairbanks offices.