reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.245 - Financial assistance conditions

Current through May 31, 2024
(a) The borrower
				shall
(1) establish and pledge one or more
				dedicated sources of revenue for repayment of the financial
				assistance;
(2) award any
				construction contract estimated to equal or exceed $50,000 through a
				competitive bidding process unless the department approves another procedure; a
				construction contract estimated to be less than $50,000 may be negotiated if
				the department approves the solicitation and negotiation procedures;
(3) for a construction project, submit for
				department review and approval
(A) a
				tabulation of bids received; and
(B) a copy of the executed construction
				contract, which must be awarded to the lowest responsive, responsible bidder
				unless this requirement is waived by the department;
(4) construct a project capable of operating
				in accordance with the approved plans and specifications;
(5) if required by the department, prepare
				and submit for department approval a facility operation and maintenance
				manual;
(6) provide for a user fee
				system and an ordinance that meets department approval, unless this requirement
				is waived by the department;
(7)
				use accounting, audit, and fiscal procedures that conform to generally accepted
				accounting principles;
(8) maintain
				project accounts and records until the project field audit is performed and all
				audit issues are resolved;
(9)
				ensure that contracted wages paid for the construction of the facility conform
				to the prevailing wage rates established for the locality by the Alaska
				Department of Labor and Workforce Development under
				AS
				36.05.010;
(10) require the construction contractor to
				furnish performance and payment bonds in accordance with
				AS
				36.25.010; and
(11) submit change orders for department
				approval.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.250 - Post-construction activities

Current through May 31, 2024
(a) When a project
				is completed, the borrower shall notify the department in writing of initiation
				of operation. The department will then conduct a final onsite inspection of the
				project. If construction is complete except for minor items and the facility is
				operating, but the borrower has not sent its notice of initiation of operation,
				the department will, in its discretion, assign an initiation of operation date
				and conduct a final on-site inspection.
(b) After construction is complete, the
				borrower shall certify to the department that the facility is complete and is
				operating properly.
(c) The
				borrower shall provide for adequate operation and maintenance of the facility
				and shall retain sufficient operating personnel as required by 18 AAC 74 to
				operate the facility.
(d) The
				department will, in its discretion, conduct an audit of project expenditures
				within one year after initiation of operation.
Authority:
AS
					 46.03.020
AS 46.03.036
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.252 - Loan classifications

Current through May 31, 2024
(a) The department
				will determine an applicant to be qualified for a low-risk loan under this
				subsection if the applicant provides an unencumbered pledge as security for the
				loan. The pledge may be provided in the form of a general obligation bond from
				a municipality or an obligation from a privately-owned utility. An obligation
				from a privately-owned utility must be rated investment grade by a rating
				service. The municipality's general obligation bond must be backed by the full
				faith and credit of the municipality and be supported by unlimited ad valorem
				taxing power as described in
				AS
				29.47.200. The department will qualify a loan
				disbursed under this section for a discount of one half of one percent from the
				finance charge assessed in
				18 AAC 76.255(b)(2). As the department
				determines necessary in order to adequately protect the Alaska drinking water
				fund, reduce the department's risk, and ensure repayment, the department will
				attach conditions to the loan that include
(1)
				an unconditional obligation to pay from specific revenues, unless the
				obligation is used for the letter of credit described in (6) of this
				subsection;
(2) a rate covenant
				equal to the coverage requirements of the loan and all liens;
(3) the obligation to impose and collect
				revenues sufficient to pay
(A) system
				operation, maintenance, and replacement costs;
(B) debt service; and
(C) any other financial
				obligations;
(4) a
				requirement to establish a reserve that is dedicated to the repayment of the
				loan, and that is fully funded with cash or an approved equivalent;
(5) for a municipality, or for a municipality
				and a privately-owned utility applying jointly, the obligation to comply with
				the state aid intercept provisions of
				AS
				37.15.575; and
(6) for a privately-owned utility, a
				requirement that the utility maintain a current irrevocable standby letter of
				credit issued by a bank, in an amount sufficient to cover the department's loan
				exposure, until the loan agreement has been in force for four years, the
				project is complete, and the project is expected to continue to have
				operational revenues sufficient to cover the department's loan
				exposure.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.257 - Fee rate and payment

Current through May 31, 2024
(a) In the amortization schedule established
				under 18 AAC 76.255 for financial
				assistance provided from the Alaska drinking water fund, the department will
				include a fixed fee of one-half of one percent of the total amount of financial
				assistance disbursed.
(b) The
				department will charge the fee specified in (a) of this section on any
				financial assistance payments received on or after December 29, 2000.
Authority:
AS
					 46.03.020
AS 46.03.036
AS 46.03.038
AS
					 46.03.039
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.258 - Eligibility of expenditures

Current through May 31, 2024
The department will use the fees specified in
				  18 AAC 76.257(a)
				  for
(1) direct department costs,
				including
(A) salaries;
(B) equipment;
(C) travel; and
(D) professional service contracts;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.260 - Disbursement of financial assistance

Current through May 31, 2024
(a) The department
				will make payments from the Alaska drinking water fund based on requests
				submitted on a form provided by the department if the requirements of
				18 AAC 76.200 -
				18 AAC 76.265 and the financial
				assistance agreement are met. The department may require documentation of
				costs, such as invoices and copies of checks.
(b) The department will make no more than one
				payment during any 30-day period.
Authority:
AS
					 46.03.020
AS 46.03.036
AS
					 46.03.720
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 76 - Alaska Clean Water and Drinking Water Revolving Loan Funds › Article 2 - Alaska Drinking Water Fund › 18 AAC 76.265 - Reconsideration of financial assistance request

Current through May 31, 2024
(a) If the
				department denies a request for financial assistance from the Alaska drinking
				water fund, the applicant may file a written request for reconsideration with
				the director within 30 days after receipt of the department's
				decision.
(b) The director will, in
				the director's discretion, reconsider a request if the applicant
(1) shows that there has been a substantial
				change in the circumstances that led to the denial;
(2) provides relevant information to the
				department that was not available when the denial was made; or
(3) shows that the department's decision
				contains a technical, legal, or administrative error or misinterpretation of
				data, the correction of which might reverse the decision.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.005 - Applicability

Current through May 31, 2024
(a)
General requirements.
The
				requirements of this chapter apply to each owner and operator of an underground
				storage tank or underground storage tank system (UST), except as otherwise
				provided in (c) - (e) of this section.
(b)
Previously deferred USTs.
Airport hydrant fuel distribution systems, USTs with field-constructed tanks,
				and USTs that store fuel solely for use by emergency power generators must meet
				the requirements of this chapter as follows:
(1) airport hydrant fuel distribution systems
				and USTs with field-constructed tanks must meet the requirements of this
				chapter except as indicated in 18 AAC 78.705;
(2) USTs that store fuel solely for use by
				emergency power generators installed on or before October 13,2015, and
				previously deferred from the release detection requirements of this chapter,
				must meet the requirements of
				18 AAC 78.060 - 18 AAC 78.072 on
				or before October 13,2018;
(3) USTs
				that store fuel solely for use by emergency power generators installed after
				October 13, 2015 must meet all applicable requirements of this chapter at
				installation.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.007 - UST Procedures Manual

Current through May 31, 2024
The department's
Underground Storage Tanks Procedures
				  Manual (UST Procedures Manual),
dated March 22, 2017, is adopted by
				  reference. The department will use this version of the
UST Procedures
				  Manual
in making determinations under this chapter.
The UST Procedures Manual, adopted by reference in
					 18 AAC 78.007, may be viewed at or
					 obtained from the department's Anchorage, Fairbanks, Juneau, and Soldotna
					 offices or the department's Internet website at
http://dec.alaska.gov/spar/guidance.htm
.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.012 - Installation requirements for partially excluded USTs

Current through May 31, 2024
(a) An owner or
				operator must install a UST listed in
				18 AAC 78.005(d)(
				1), (3), or (4) storing petroleum, whether of single-wall or double-wall
				construction, that meets the following requirements:
(1) the UST must prevent releases caused by
				manufacturing defects, corrosion, or structural failure for the operational
				life of the UST;
(2) the UST must
				be cathodically protected against corrosion, constructed of noncorrodible
				material, steel clad with a non-corrodible material, or designed to prevent the
				release or threatened release of stored petroleum; and
(3) the UST must be constructed or lined with
				a material that is compatible with the stored petroleum.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.015 - Registration and fees

Current through May 31, 2024
(a) Except as provided in (e) of this
				section, a person who owns or operates a UST, or who intends to install, have
				installed, return to service, or acquire ownership of a UST, shall
(1) register the UST as required by
				AS
				46.03.380 and pay the fee required by
				AS
				46.03.385 within 30 days after installation,
				return to service, or acquisition;
(2) if the UST was installed before December
				22, 1988, provide the information required by
				AS
				46.03.380(b)(1) and
				(3);
(3) obtain a current tag, decal, or notice
				for a UST, as follows, before allowing a petroleum product to be placed in the
				UST:
(A) for a new UST, the department will
				provide a tag, decal, or notice not later than 30 days after receiving the
				registration; the department will not provide a tag for a UST that is
				permanently closed under
				18 AAC 78.085;
(B) for an existing UST, the department will
				provide a tag, decal, or notice not later than 30 days after receiving proof
				that the UST is in compliance with this chapter as required under 18 AAC 78.059(g);
(C) a tag, decal, or
				notice expires on October 31 of the third year after issuance; and
(D) if a tag, decal, or notice is lost,
				stolen, or destroyed, the owner or operator may obtain a replacement by
				providing the department with a sworn statement or affidavit that includes the
				facility number and tank number assigned by the department and an explanation
				of why a replacement is needed;
(4) permanently affix the tag, decal, or
				notice described in (3) of this subsection where it
(A) can easily be seen by a person who
				attempts to fill the UST; and
(B)
				cannot reasonably be associated with any UST other than the UST for which it
				was issued;
(5) ensure
				that a person does not
(A) tamper with or
				alter a tag, decal, or notice associated with a UST;
(B) remove a tag, decal, or notice associated
				with a UST until it expires or is replaced with a new tag, decal, or notice,
				unless
(i) the tank is permanently closed
				under 18 AAC 78.085; or
(ii) the return of the tag, decal, or notice
				is required under 18 AAC 78.059.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.018 - Acceptance prohibitions

Current through May 31, 2024
(a) An owner or
				operator of a UST may not accept the delivery or deposit of petroleum, and the
				department will identify that UST as ineligible for purposes of
				42 U.S.C.
				6991 k, if
(1) the department determines that the spill
				prevention equipment, overfill protection equipment, leak detection, or
				corrosion protection equipment is not installed or is not being operated or
				maintained in accordance with this chapter;
(2) financial responsibility is not
				maintained in accordance with
				18 AAC 78.910;
(3) the department has determined the UST to
				be a substandard UST under 18 AAC 78.059(h), the owner or operator has not made
				repairs as required under 18 AAC 78.059(h), and a temporary deferral of the
				prohibition on the acceptance, delivery, or deposit of petroleum has not been
				granted under 18 AAC 78.059 and (c) of this section or has expired;
				or
(4) the owner or operator fails
				to display a valid tag, decal, or notice as required under
				18 AAC 78.015.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.025 - Performance standards for new USTs

Current through May 31, 2024
(a)
General
				requirements.
In order to prevent or detect releases caused by
				manufacturing defects, structural failure, corrosion, or spills or overfills
				for as long as the UST is used to store petroleum, the owner or operator of a
				new UST shall meet the requirements of this section.
(b)
Secondary containment and
				interstitial monitoring for tanks and piping installed on or after July 25,
				2012 and before April 11, 2016.
Tanks and piping installed on or after
				July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing
				community water system as defined under
				18 AAC 80.1990(a), an existing potable water
				system as defined under
				18 AAC 80.1990(a), or a sole source aquifer
				as defined under
				18 AAC 75.990 must be in secondary
				containment and use interstitial monitoring for leaks. Secondary containment
				must be able to contain petroleum released from anywhere in the UST system
				until it is detected and removed, and must prevent a release of petroleum to
				the environment at any time during the operational life of the UST system. For
				the purposes of this subsection,
(1) in the
				case of a replacement of an existing tank or existing piping, secondary
				containment and interstitial monitoring is only required for the tank or piping
				being replaced; and
(2) the 1,000
				feet must be measured from the closest part of the tank or piping to the
				closest part of the existing community water system, potable water system, or
				sole source aquifer, including well heads for groundwater, the location of the
				intake points for surface water, water lines, processing tanks and water
				storage tanks, water distribution and service lines under the control of the
				community water system operator, and the wellhead of the nearest existing
				potable drinking water well.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.030 - Upgrading existing USTs

Current through May 31, 2024
(a) An owner or
				operator shall permanently close in accordance with
				18 AAC 78.080 - 1 8 AAC 78.087 any
				UST that does not meet the performance standards in
				18 AAC 78.025 for new USTs or that
				has not been upgraded in accordance with (d) - (f) of this section. This
				subsection does not apply to a previously deferred UST described in 18 AAC 78.700 - 18 AAC 78.705, if an upgrade to the previously deferred UST is
				performed and the department determines the upgrade to be protective of human
				health and safety and the environment.
(b) An existing UST must comply with one of
				the following requirements:
(1) the
				performance standards in
				18 AAC 78.025 for new
				USTs;
(2) the upgrading
				requirements in (d) - (f) of this section; or
(3) the closure requirements under 1
				8 AAC 78.080 - 1 8 AAC 78.087, including applicable
				requirements for corrective action under
				18 AAC 78.200 -
				18 AAC 78.280.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.035 - Notification requirements

Current through May 31, 2024
(a) An owner must
				submit notice to the department in accordance with
				18 AAC 78.015(a)
				of USTs that are currently in existence, newly installed, returned to service,
				or transferred in ownership. For a UST that was in the ground on or after May
				8, 1986 and was not taken out of operation on or before January 1, 1974, and
				for which notification was not provided under
				42
				U.S.C. 6991a(a) (sec. 601(a)
				of the Hazardous and Solid Waste Amendments of 1984) to the department or under
				42 U.S.C.
				9603(c) (sec. 103(c) of the
				Comprehensive Environmental Response, Compensation, and Liability Act of 1980),
				an owner or operator of the UST must provide notice of the existence of the UST
				in accordance with
				18 AAC 78.015(a)
				and may use the department's registration form to provide the required
				notification.
(b) A person who
				assumes ownership of a regulated UST, except as described in (a) of this
				section, must submit a notice of the ownership change to the department in
				accordance with
				18 AAC 78.015(a).
(c) An owner required to submit notices under
				(a) or (b) of this section must provide notices to the department for each tank
				that the person owns. The owner may provide notice for several tanks using one
				notification form, but an owner who owns tanks located at more than one place
				of operation must file a separate notification form for each separate place of
				operation.
(d) The owner or
				operator of a new UST must certify in the UST registration form compliance with
				the following requirements:
(1) installation
				of tanks and piping under
				18 AAC 78.025(i);
(2) cathodic protection of steel tanks and
				piping under
				18 AAC 78.025(e) and (f);
(3) financial responsibility under 1 8 AAC
				78.910; and
(4) release detection
				under 18 AAC 78.060 - 1 8 AAC
				78.072.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.040 - Spill and overfill control

Current through May 31, 2024
(a) The owner or
				operator of a UST shall ensure that
(1)
				releases due to spilling or overfilling do not occur;
(2) the volume available in the tank is
				greater than the volume of petroleum to be transferred to the tank before the
				transfer is made;
(3) the transfer
				operation is constantly monitored to prevent overfilling or spilling;
(4) the distributor is provided with the
				current UST tag, decal, or notice before the transfer is made; and
(5) any spill or overfill is reported and
				investigated, and that appropriate corrective action is completed.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.045 - Operation and maintenance of corrosion protection

Current through May 31, 2024
(a) The owner or
				operator of a steel UST with corrosion protection shall comply with the
				requirements of this section to ensure that a release caused by corrosion is
				prevented until the UST is permanently closed or undergoes a change-in-service
				under 18 AAC 78.085.
(b) A corrosion protection system must be
				operated and maintained to continuously provide corrosion protection to the
				metal components of that portion of the tank and piping that routinely contains
				petroleum and th at is in contact with the ground. This requirement applies to
				single and double wall steel tanks and piping. For purposes of this subsection,
				piping that routinely contains petroleum includes all product piping, except
				for vent lines and except for most tank fill pipe configurations.
(c) A UST equipped with a cathodic protection
				system must be inspected for proper operation by a cathodic protection tester
				who is certified under 18 AAC 78.4 10 in accordance with the following
				requirements:
(1) a cathodic protection
				system must be tested not later than six months after installation and at least
				every three years after that, or according to another reasonable testing
				schedule approved by the department; and
(2) the criteria used to determine if
				cathodic protection is adequate as required under this section must be in
				accordance with one of the following requirements:
(A) NACE International Standard RP0285-2002,
				Standard Recommended Practice Corrosion Control of Under ground Storage Tank
				Systems by Cathodic Protection, 2002, adopted by reference.
(B) NACE International Test Method
				TM0101-2012, Measurement Techniques Related to Criteria (or Cathodic Protection
				on underground Storage Tank Systems, March 2012, adopted by
				reference;
(C) NACE International
				Test Method TM0497-2012, Measurement Techniques Related to Criteria (or
				Cathodic Protection on underground or Submerged Metallic Piping Systems, June
				2012, adopted by reference;
(D)
				Steel Tank Institute Recommended Practice R051, Cathodic Protection Testing
				Procedures for STl-P3® USE, January 2006, adopted by reference;
(E) NACE International Standard Practice
				SP0169-2007, Control of' External Corrosion 011 Underground or Submerged
				Metallic Piping Systems, reaffirmed March 15, 2007, adopted by reference;
				or
(F) another standard that is no
				less protective of human health and safety and the environment and approved by
				the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.050 - Compatibility

Current through May 31, 2024
(a) An owner or operator shall use a UST made
				of or lined with materials that are compatible with the petroleum stored in the
				UST.
(b) An owner or operator must
				notify the department at least 30 days before switching to a petroleum product
				containing greater than 10 percent ethanol or greater than 20 percent
				biodiesel. In addition, an owner or operator with USTs storing these blends
				must meet one of the following requirements:
(1) demonstrate compatibility of the UST,
				including the tank, piping, containment sumps, pumping equipment, release
				detection equipment, spill equipment, and overfill equipment; an owner or
				operator may demonstrate compatibility of the UST by using one of the following
				options:
(A) certification or listing of UST
				equipment or components by a nationally recognized, independent testing
				laboratory for use with the petroleum stored; or
(B) equipment or component manufacturer
				approval; the manufacturer's approval must be in writing, indicate an
				affirmative statement of compatibility, specify the range of biofuel blends the
				equipment or component is compatible with, and be from the equipment or
				component manufacturer; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.056 - Reporting and recordkeeping requirements

Current through May 31, 2024
(a) The owner or
				operator of a UST shall cooperate fully
(1)
				during inspections, monitoring, and testing conducted by the department, its
				designee, or a representative of the United States Environmental Protection
				Agency; and
(2) in response to
				requests for document submission, testing, and monitoring by the owner or
				operator under
				42 U.S.C.
				6991 d (sec. 9005 of the Solid Waste Disposal
				Act).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.057 - Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping, and periodic inspection of overfill prevention equipment

Current through May 31, 2024
(a) The owner or operator of a UST with spill
				and overfill prevention equipment and containment sumps used for interstitial
				monitoring of piping must meet the following requirements to ensure that the
				equipment is operating properly and will prevent releases to the environment:
(1) spill prevention equipment, such as a
				catchment basin, spill bucket, or other spill containment device, and
				containment sumps used for interstitial monitoring of piping must prevent
				releases to the environment by meeting one of the following requirements:
(A) the equipment must be double-walled and
				the integrity of both walls must be periodically monitored at a frequency not
				less than the frequency of the walkthrough inspections described in 1 8 AAC
				78.058; an owner or operator must begin meeting (B) of this paragraph and
				conduct a test not later than 30 days after discontinuing periodic monitoring
				of this equipment; or
(B) to ensure
				that the equipment is liquid-tight, the spill prevention equipment and
				containment sumps used for interstitial monitoring of piping must be tested at
				least once every three years by using vacuum, pressure, or liquid testing in
				accordance with one of the following criteria:
(i) requirements developed by the
				manufacturer, if the manufacturer has developed requirements;
(ii) a nationally recognized code of
				practice; or
(iii) requirements
				determined by the department to be no less protective of human health and the
				environment than the requirements listed in (i) and (ii) of this subparagraph;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.058 - Periodic operation and maintenance walkthrough inspections

Current through May 31, 2024
(a) To properly
				operate and maintain USTs, and not later than October 13, 2018, an owner or
				operator must meet one of the following requirements:
(1) conduct a walkthrough inspection that, at
				a minimum, checks the following equipment at the following specified times:
(A) every 30 days, except that spill
				prevention equipment at USTs receiving deliveries at intervals greater than
				every 30 days may be checked before each delivery,
(i) the owner or operator shall visually
				check spill prevention equipment for damage, remove liquid or debris, check for
				and remove obstructions in the fill pipe, and, for double-walled spill
				prevention equipment with interstitial monitoring, check for a leak in the
				interstitial area; and
(ii) the
				owner or operator shall check release detection equipment to make sure the
				release detection equipment is operating with no alarms or other unusual
				operating conditions present, and the owner or operator shall ensure that
				records of release detection testing arc reviewed and current; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.059 - Operations inspection

Current through May 31, 2024
(a) Except as provided in (b) and (c) of this
				section, the owner or operator of a UST system shall have each UST inspected at
				least every three years to determine compliance with the release detection,
				spill and overfill prevention, and corrosion protection requirements of this
				chapter. Each inspection must be performed by an inspector who is certified
				under 18 AAC 78.410 and must include, as
				applicable, examination, assessment, testing, and documentation of the
				following for the UST system inspected:
(1)
				equipment;
(2)
				procedures;
(3)
				operations;
(4) maintenance;
				and
(5) recordkeeping.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.065 - Release detection methods for tanks

Current through May 31, 2024
(a)
General
				requirements.
Each method of release detection for tanks that is used to
				meet the requirements of
				18 AAC 78.060 must meet the
				requirements of this section.
(b)
Inventory control.
Inventory control must be capable of detecting a
				release of at least 1.0 percent of flow-through plus 130 gallons monthly.
				Inventory control must be conducted monthly as follows:
(1) inventory volume measurements are
				recorded each operating day for petroleum
(A)
				inputs;
(B) withdrawals;
				and
(C) amount remaining in the
				tank;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.070 - Release detection methods for piping

Current through May 31, 2024
(a)
General
				requirement.
Each method of release detection for piping used to meet
				the requirements of
				18 AAC 78.060 must be conducted as
				required under this section.
(b)
Automatic line leak detection.
An automatic leak detection method
				that alerts the operator to the presence of a leak by restricting or shutting
				off the flow of petroleum through piping or by triggering an audible or visual
				alarm may be used only if that method is capable of detecting a leak of three
				gallons per hour at I 0 pounds per square inch line pressure within one hour.
				An annual test of the operation of the leak detector must be conducted in
				accordance with
				18 AAC 78.060(a)(5). A stand-alone sump
				sensor is not sufficient to meet this requirement.
(c)
Line tightness testing.
A
				periodic tightness test of piping may be conducted only if the tightness test
				is capable of detecting a 0.1 gallon per hour leak rate at one and one-half
				times the line's normal operating pressure. The test must be performed by a
				person certified under this chapter. Where a line leak detector is in stalled
				on the piping that has the same leak detection capability as the tightness test
				specified in
				18 AAC 78.065(d),
				the tightness test may be omitted.
(d)
Applicable tank methods.
Except as described in
				18 AAC 78.060(e),
				any monitoring method set out in
				18 AAC 78.065(f)
				- (j) may be used if that method is designed to detect a release from any part
				of the underground piping that routinely contains petroleum and that method is
				used monthly.
Authority:
AS
					 46.03.020
AS
					 46.03.365
AS
					 46.03.375
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.072 - Release detection recordkeeping

Current through May 31, 2024
(a) The owner or
				operator of a UST shall maintain records in accordance with 18 AAC 78.056
				demonstrating compliance with all applicable requirements of this section. The
				records must include the information required under this section.
(b) All written performance claims pertaining
				to any release detection system used, and the manner in which these claims have
				been justified or tested by the equipment manufacturer or installer, must be
				maintained for five years from the date of installation or as long as the
				release detection system is in service, whichever period is longer. Records of
				site assessments required under
				18 AAC 78.065(f)(6) and (g)(7) must be maintained for as long as the
				methods are used. Records of site assessments must be signed by a qualified
				environmental professional.
(c) The
				results of any sampling, testing, or monitoring must be maintained for at least
				one year, except as follows:
(1) the results
				of annual operation tests conducted in accordance with
				18 AAC 78.060(a)(5) must be maintained for
				three years; at a minimum, the results must list each component tested,
				indicate whether each component tested meets criteria in
				18 AAC 78.060(a)(5) or needs to have action
				taken, and describe any action taken to correct an issue;
(2) the results of tank tightness testing
				conducted in accordance with
				18 AAC 78.065(d)
				must be retained until the next test is conducted; and
(3) the results of tank tightness testing,
				line tightness testing, and vapor monitoring using a tracer compound placed in
				the tank system conducted in accordance with 18 AAC 78.705(d) must be retained
				until the next test is conducted.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.080 - Temporary closure

Current through May 31, 2024
(a) If a UST is temporarily closed, an owner
				or operator shall notify the department on a form supplied by the department
				and shall continue operation and maintenance of corrosion protection in
				accordance with
				18 AAC 78.045 and any release
				detection in accordance with
				18 AAC 78.060 - 18 AAC 78.072 and
				18 AAC 78.700-18 AAC 78.705
(b) If
				a release is suspected or confirmed during the temporary closure, the
				applicable requirements of
				18 AAC 78.200 -
				18 AAC 78.280 must be
				met.
(c) Release detection and
				release detection operation, maintenance testing, and inspections are not
				required if the UST is empty and taken out of service and the owner or operator
				submits to the department an Empty Tank Affidavit form, adopted by reference in
				18 AAC 78.015(d).
				The UST is empty when all materials have been removed using commonly employed
				practices so that not more than 2.5 centimeters (one inch) of residue, or 0.3
				percent by weight of the total capacity of the UST, remain in the system. In
				addition, spill and overfill operation and maintenance testing and inspections
				are not required.
(d) If a UST is
				temporarily closed for three months or longer, the owner or operator shall
(1) leave vent lines open and functioning;
				and
(2) cap and secure all other
				lines, pumps, manways, and ancillary equipment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.085 - Permanent closure and change-in-service

Current through May 31, 2024
(a) At least 15
				days, but not more than 60 days, before beginning permanent closure under (c)
				of this section or a change-in-service under (d) of this section, the owner or
				operator shall notify the department, in writing, on a form provided by the
				department. The department will waive the minimum 15-day notification period if
				the owner or operator demonstrates that meeting the notification deadline would
				prevent the project from being completed or would be detrimental to human
				health or safety or to the environment. The owner or operator shall report a
				change in the stated date of closure or change-in-service to the department
				office in Anchorage at least three days before the scheduled closure or
				change-in-service. If closure does not occur within 60 days after the date
				given in the notice, the owner or operator shall submit a new notice to the
				department, indicating the actual closure date. The requirements of this
				subsection do not apply if
(1) the closure or
				change-in-service is in response to corrective action under
				18 AAC 78.200 -
				18 AAC 78.240; in that case,
				notification is as specified in
				18 AAC 78.200 -
				18 AAC 78.240; or
(2) a UST is taken out of service or closed
				because of an emergency; in that case, the owner or operator shall notify the
(A) department within 24 hours; and
(B) applicable local government and fire
				department; the owner or operator might be subject to additional requirements
				imposed by those agencies.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.086 - Applicability to previously closed USTs

Current through May 31, 2024
If the department determines that a release from a UST that
				  was permanently closed before December 22, 1988 might pose a current or
				  potential threat to human health, safety, or the environment, the department
				  will direct the owner or operator of the UST to assess the site as required
				  under 18 AAC 78.090 and to close the UST
				  as required under
				  18 AAC 78.085.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.087 - Closure records

Current through May 31, 2024
The owner or operator shall maintain records in accordance
				  with IS AAC 78.056 that are capable of demonstrating compliance with closure
				  requirements under this section. The results of the site characterization or
				  assessment required in
				  18 AAC 78.090 must be maintained
				  for at least three years after completion of a permanent closure or
				  change-in-service in one of the following ways:
(1) by the owner or operator who took the UST
				out of service;
(2) by the current
				owner or operator of the UST site; or
(3) by mailing these records to the
				department if they cannot be maintained at the closed facility.
Authority:
AS
					 46.03.020
AS
					 46.03.365
AS 46.03 .395
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.088 - Qualified environmental professionals and qualified samplers

Current through May 31, 2024
(a)  An owner or operator shall ensure that a
				qualified environmental professional
(1)
				conducts or supervises the collection of field data and the interpretation and
				reporting of site characterization and site assessment data required under
				18 AAC 78.090(e);
(2) conducts or supervises the
				collection and interpretation of field data and the reporting of release
				investigation data required under
				18 AAC 78.235(b);
(3) prepares a corrective action
				plan required under
				18 AAC 78.250;
(4) prepares an interim cleanup activities
				cost estimate, if the estimate is part of a corrective action plan prepared
				under 18 AAC 78.250;
(5) conducts or supervises sampling and
				analysis required under 18 AAC 78.27l(a)(3), or that a qualified sampler
				performs sampling described in
				18 AAC 78.271(a)(3) if the department
				approves the use of a qualified sampler under 18 AAC 78.27l(a)(3); (6) prepares
				a post-treatment sampling and analysis plan required under
				18 AAC 78.273(a)(1)(C);
(7) conducts, under J
				8 AAC 78.275(a), soil and groundwater
				sampling for a release investigation or associated with a corrective
				action;
(8) prepares a final
				corrective action report required under
				18 AAC 78.276(a);
(9) conducts or supervises the
				collection, interpretation, and reporting of data under
				18 AAC 78.600;
(10) prepares and signs a report to justify
				a request for a waiver under
				18 AAC 78.930.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 1 - Underground Storage Tanks › 18 AAC 78.090 - Site characterization and assessment

Current through May 31, 2024
(a) When
				performing permanent closure or a change-in-service, the owner or operator
				shall complete a site characterization, and depending on the results of the
				site characterization, perform a site assessment or a released
				investigation.
(b) A site
				characterization must include one or more of the following:
(1) a visual inspection of the
				site;
(2) photographs documenting
				the site;
(3) surface or subsurface
				soil and water sampling and analytical testing;
(4) personal interviews; and
(5) data review.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.200 - Investigating and reporting a suspected release

Current through May 31, 2024
(a) If a release of
				petroleum is suspected, the owner or operator of the UST shall investigate the
				UST site using methods required under
				18 AAC 78.210 and report to the
				department within the period specified for any of the following conditions:
(1) not later than 24 hours after the owner,
				operator, or another person discovers released petroleum at the UST site or in
				the surrounding area, including the presence of free product, soil
				contamination, surface water or groundwater contamination, or the presence of
				vapors in soils, basements, sewer or utility lines, or nearby surface water or
				groundwater;
(2) not later than
				seven days after the owner, operator, or another person observes unusual
				operating conditions, including the erratic behavior of dispensing equipment,
				the sudden loss of petroleum from the UST, an unexplained presence of water in
				the tank, or liquid in the interstitial space of secondary containment systems,
				unless
(A) the system equipment or component
				is found not to be releasing petroleum to the environment;
(B) any defective system equipment or
				component is immediately repaired; and
(C) for secondary containment systems, except
				as provided for in
				18 AAC 78.065(h)(2)(B)(iv), any liquid in
				the interstitial space is immediately removed; however, liquid used as part of
				the interstitial monitoring system, such as a system that uses a brine-filled
				interstitial space, need not be removed; and
(3) not later than seven days after
				monitoring results, including investigation of an alarm, from a release
				detection method required under
				18 AAC 78.060 indicate a release
				may have occurred unless
(A) the monitoring
				device is found to be defective and is immediately repaired, recalibrated, or
				replaced, and additional monitoring does not confirm the initial
				result;
(B) in the case of
				inventory control described in
				18 AAC 78.065(b),
				a second month of data does not confirm the initial result or the investigation
				determines that no release has occurred;
(C) the leak is contained in the secondary
				containment and
(i) except as provided for in
				18 AAC 78.065(h)(2)(B)(iv), any liquid in
				the interstitial space is immediately removed; however, liquid used as part of
				the interstitial monitoring system, such as a system that uses a brine-filled
				interstitial space, need not be removed; and
(ii) any defective system equipment or
				component is immediately repaired or replaced; or
(D) the alarm was investigated and determined
				to be a non-release event, such as a power surge or a result of filling the
				tank during release detection testing.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.210 - Release investigation and confirmation steps

Current through May 31, 2024
(a)
General
				investigative requirements.
Unless corrective action is taken under
				18 AAC 78.220 -
				18 AAC 78.270, the owner or
				operator of a UST shall immediately investigate and confirm the suspected
				release of petroleum requiring reporting under
				18 AAC 78.200 within seven days by
				conducting either a site assessment under
				18 AAC 78.090 or a system test as
				described in this section. The department may require both a site assessment
				and a system test. The department may grant a written request for an extension
				of the seven-day time period.
(b)
System test.
The owner or operator shall conduct a test according
				to the requirements for tightness testing in
				18 AAC 78.065(d)
				and 18 AAC 78.070(c)
				or, as appropriate, secondary containment testing described in
				18 AAC 78.055(a)(5). The following apply to
				the systems test:
(1) the test must determine
				whether
(A) a leak exists in that portion of
				the tank that routinely contains petroleum or the attached delivery piping;
				or
(B) a breach of either wall of
				the secondary containment has occurred;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.212 - Reporting and cleanup of spills and overfills

Current through May 31, 2024
The owner or operator of a UST must contain and immediately
				  clean up a spill or overfill, report to the department, and begin corrective
				  action in accordance with
				  18 AAC 78.220 -
				  18 AAC 78.280,
(1) as soon as the person has knowledge of a
				release that is known or suspected to be 55 gallons or more;
(2) not later than 24 hours after the person
				has discovered soil or water contamination, by direct observation, through site
				characterization or assessment under
				18 AAC 78.090, or through any
				other means, of
(A) a belowground release
				from the UST in any amount;
(B) an
				aboveground release to land in excess of 10 gallons; or
(C) an aboveground release to water of the
				state if the release causes a sheen or discoloration of the water surface;
				and