reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.220 - Initial response

Current through May 31, 2024
(a) Upon confirmation of a release in
				accordance with 18 AAC 78 .2 10 or after a release from the UST is identified
				in any other manner, the owner or operator of a UST shall report the release as
				specified under 18 AAC 78.2 12 and perform the following initial response
				actions not later than 24 hours after discovery of a release:
(1) the owner or operator shall take
				immediate action to prevent any further release of the petroleum into the
				environment, including removal of the petroleum from the UST if removal is
				necessary to meet the requirements of this paragraph; and
(2) the owner or operator shall identify and
				mitigate any fire, explosion, or vapor hazard.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.230 - Initial abatement measures and site assessment

Current through May 31, 2024
Unless directed in writing by the department to do otherwise,
				  the owner or operator of a UST with a release of petroleum confirmed in
				  accordance with
				  18 AAC 78.210 shall perform the
				  following abatement and containment measures after meeting the requirements of
				  18 AAC 78.220:
(1) the owner or operator shall cease using
				the system and remove the petroleum from the UST not later than seven days
				after the release to prevent further release of petroleum to the environment,
				unless the petroleum has already been removed in accordance with
				18 AAC 78.220(a)(1); the UST may not be
				refilled until the system is repaired, replaced, or upgraded so that a further
				release cannot occur;
(2) the owner
				or operator shall visually inspect any aboveground release or exposed
				belowground release and prevent further migration of petroleum into surrounding
				soils and groundwater;
(3) the
				owner or operator shall continue to monitor and mitigate any additional fire
				and safety hazards posed by vapors or free product that have migrated from the
				UST excavation zone and entered into subsurface structures, including
				basements, sewers, and utility lines;
(4) the owner or operator shall properly
				stockpile excavated contaminated soils to prevent water run-on and run-off in
				accordance with
				18 AAC 78.274 and remedy a hazard
				posed by contaminated soils that are excavated or exposed as a result of
				release confinnation, site characterization, site assessment, abatement, or
				corrective action activities; if these remedies include treatment, stockpiling,
				or disposal of contaminated soil s, the owner or operator shall use a method
				that the department determines will adequately protect human health and safety,
				and the environment;
(5) the owner
				or operator shall measure for the presence of a release where contamination is
				most likely to be present at the UST site, unless the presence and source of
				the release have been confirmed in accordance with the site assessment required
				under 18 AAC 78.210(c)
				or the closure site characterization or assessment under
				18 AAC 78.090; in selecting sample
				types, sample locations, and measurement methods, the owner or operator must
				consider the nature of the stored substance, the type of backfill, depth to
				groundwater, and other factors as appropriate for identifying the presence and
				source of the release; and
(6) the
				owner or operator shall investigate to determine the possible presence of free
				product, and begin free product removal as soon as practicable and in
				accordance with
				18 AAC 78.240.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.235 - Release investigation

Current through May 31, 2024
(a) After meeting
				the requirements of
				18 AAC 78.220 and
				18 AAC 78.230, the owner or
				operator of a UST with a confirmed release of petroleum shall perform a release
				investigation to characterize the release and actual or potential threat to
				human health and safety, and to the environment. If applicable to the site, an
				investigation under this section must include the following:
(1) soil samples, sufficient in number and
				location to represent the conditions of the soil, must be taken to adequately
				characterize the horizontal and vertical distribution of the release in the
				soil and to identify soil properties that are likely to influence the type and
				rate of migration of the released petroleum;
(2) sample collection and other
				investigations of the site geology and hydrogeology must be conducted to
				adequately characterize the horizontal and vertical distribution of the release
				in groundwater and those features that affect the fate and transport of the
				petroleum; if groundwater contamination is confirmed, the owner or operator
				shall notify the department within 24 hours and identify public and private
				drinking water wells that are located within one-quarter mile of the release
				site;
(3) sample collection and
				other investigations of surface waters must be conducted to adequately
				characterize significant hydrologic features such as surface drainage patterns
				and quantities, surface waters, floodplains, and actual or potential
				contaminant migration routes toward or within these features;
(4) a hazard ranking evaluation must be
				conducted to measure the potential risk to human health and safety, and to the
				environment; data collected must include information on toxicity and quantity
				of the contaminants, release information, site access, air exposure,
				surrounding populations, water use and exposure, surrounding environmental and
				recreation areas, and observed environmental impacts; the hazard ranking
				evaluation must be submitted on a form provided by the department;
				and
(5) a sampling and analysis
				plan must be submitted to and approved by the department, if the owner or
				operator plans to use a statistical method referenced in
				18 AAC 78.276(e)
				for site closure and final compliance with the soil cleanup levels under
				18 AAC 78.600 -
				18 AAC 78.610.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.240 - Corrective action

Current through May 31, 2024
(a) If the release of petroleum from a UST is
				confirmed and corrective action is required under
				18 AAC 78.235(e),
				the owner or operator of the UST shall undertake soil and water corrective
				actions as prescribed in
				18 AAC 78.240 -
				18 AAC 78.276 and
				18 AAC 78.600 -
				18 AAC 78.625. The department will
				direct the owner or operator to perform corrective action to mitigate an
				inhalation hazard, if the department determines that corrective action is
				necessary to protect human health or safety, or the environment. As part of
				that corrective action and as necessary, the owner or operator shall operate a
				vapor monitoring system in one or more occupied structures near the
				site.
(b) At a site where an
				investigation indicates the presence of free product, the owner or operator
				shall remove measurable free product to the maximum extent practicable, while
				continuing, as necessary, an action taken under
				18 AAC 78.210 -
				18 AAC 78.235 or preparing for an
				action required by
				18 AAC 78.240 -
				18 AAC 78.280. To meet the
				requirements of this subsection, the owner or operator shall
(1) notify the department within 24 hours
				after the discovery of free product;
(2) conduct free product removal in a manner
				that
(A) minimizes the spread of contamination
				into an uncontaminated area by using containment, recovery, and disposal
				techniques appropriate to site conditions;
(B) avoids additional discharges;
(C) disposes of the recovered free product in
				compliance with applicable local, state, and federal requirements;
				and
(D) minimizes, to the maximum
				extent practicable, the time necessary for corrective action;
(3) ensure that each free product
				removal system is designed to minimize free product migration; and
(4) ensure that a flammable substance is
				handled in a manner that avoids fires or explosions.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.250 - Corrective action plan

Current through May 31, 2024
(a) At any time after reviewing the
				information submitted under
				18 AAC 78.210 -
				18 AAC 78.240, if the department
				determines that a threat to human health or safety, or to the environment
				exists, the department will require the owner or operator to
(1) submit additional information;
				or
(2) develop and submit a
				corrective action plan to respond to contaminated soil, surface water, and
				groundwater.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.260 - Corrective action plan approval

Current through May 31, 2024
(a) The department
				will approve or deny a corrective action plan after receipt of all information
				required or requested under
				18 AAC 78.250 and any comments on
				the plan under
				18 AAC 78.280(c),
				and only after determining whether implementation of the plan will adequately
				protect human health, safety, and the environment.
(b) In making a determination under (a) of
				this section, the department will consider
(1)
				the physical and chemical characteristics of the petroleum, including its
				toxicity, persistence, and potential for migration;
(2) the hydrogeologic characteristics of the
				facility and surrounding area;
(3)
				the proximity, quality, and current and future uses of nearby surface water and
				groundwater;
(4) the potential
				effects of residual contamination on nearby surface water and
				groundwater;
(5) an exposure
				evaluation;
(6) the overall cost
				effectiveness of the corrective action measures proposed;
(7) any information gathered and submitted in
				compliance with
				18 AAC 78.200 -
				18 AAC 78.250; and
(8) the qualifications of each person
				involved with the corrective action planning and activities.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.270 - Corrective action plan revisions

Current through May 31, 2024
(a) The owner or
				operator of the UST must have written department approval before taking an
				action that constitutes a substantive revision to or deviation from an approved
				corrective action plan.
(b) The
				department will require the owner or operator to take corrective action to
				bring any change or revision into compliance with this chapter, if the
				department determines that corrective action is necessary to ensure protection
				of human health and safety, and of the environment.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.271 - General corrective action requirements

Current through May 31, 2024
(a) The owner
				or operator of a facility at which a release of petroleum from a UST has
				occurred and for which corrective action is required under
				18 AAC 78.240 shall
(1) comply with
				18 AAC 78.240 -
				18 AAC 78.276;
(2) ensure that the collection,
				interpretation, and reporting of data are in accordance with the
UST
				Procedures Manual;
and
(3)
				ensure that required sampling and analysis is conducted or supervised by a
				qualified, impartial third party; the owner or operator may request a waiver
				from the use of an impartial third party under the procedures in
				18 AAC 78.090(f).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.273 - Offsite or portable soil treatment facilities

Current through May 31, 2024
(a) An owner or
				operator of an offsite or portable soil treatment facility shall
(1) obtain approval of an operations plan
				before that person accepts or treats contaminated soil; the department will
				approve the plan if the department determines that the operations proposed are
				protective of human health and safety, and of the environment; a plan submitted
				under this paragraph must include
(A) a
				facility diagram that shows the location of
(i) each soil treatment, storage, and
				transportation area;
(ii) major
				roads within or bordering the site or facility; and
(iii) monitoring wells, surface water, water
				supply wells, facility boundaries, and public or private buildings within 500
				feet of the facility boundary;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.274 - Storage, movement, and disposal of soil and groundwater

Current through May 31, 2024
(a) Unless the
				department approves the activity in question as protective of human health and
				safety, and of the environment, the owner or operator may not blend
				contaminated soil with uncontaminated soil, and shall
(1) segregate contaminated soil based on
(A) the intended corrective action
				techniques; and
(B) the specific
				contaminants present;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.275 - Sampling and analysis

Current through May 31, 2024
(a) The owner or
				operator shall ensure that soil and groundwater sampling for a release
				investigation or associated with a corrective action is conducted by a
				qualified environmental professional in accordance with
				18 AAC 78.605 and the
UST
				Procedures Manual.
.
(b)
				The owner or operator of an offsite or portable treatment facility under
				18 AAC 78.273 shall ensure that
				the collection, interpretation, and reporting of data, and the required
				sampling and analysis are conducted or supervised by a qualified environmental
				professional in accordance with the
UST Procedures
				Manual
.
(c) If a
				contaminant is suspected at the site because of empirical evidence or prior
				analysis, but is not detected or is detected at a concentration below the
				practical quantitation limit, and the practical quantitation limit is higher
				than the cleanup level for that substance, the department will
(1) determine the owner or operator to have
				attained the cleanup level, if additionally the more stringent of the following
				conditions is met:
(A) the practical
				quantitation limit is no greater than 10 times the method detection limit;
				or
(B) the practical quantitation
				limit is no greater than the practical quantitation limit referred to in Table
				1 of the
UST Procedures Manual;
or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 2 - Corrective Action for Leaking Underground Storage Tanks › 18 AAC 78.280 - Public participation

Current through May 31, 2024
(a) If a confirmed release of petroleum
				requires a corrective action plan under
				18 AAC 78.250(a) (2), the department will notify members of
				the public who are directly affected by the release and the planned corrective
				action, using methods the department finds appropriate, including public notice
				in a local newspaper, block advertisement, public service announcement,
				publication in a state register, letters to individual households, personal
				contacts by field staff, posting of notice in the location scheduled for
				corrective action, or a combination of any of these methods.
(b) The department will make site release
				information and decisions concerning the corrective action plan available for
				public inspection upon request.
(c)
				Before approving a corrective action plan, the department will, in its
				discretion, hold a public meeting to consider comments on the proposed plan if
				there is sufficient public interest, or for any other reason.
(d) The department will give public notice
				under (a) of this section if implementation of an approved plan does not
				achieve the applicable cleanup levels in the plan and termination of that plan
				is being considered by the department.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.355 - General requirements for operators for all USTs

Current through May 31, 2024
(a) Each UST
				facility must have a designated Class A operator, Class B operator, and Class C
				operator who meet the requirements of this chapter.
(b) A facility shall post, in an area easily
				accessible to a Class C operator, and next to the alarm panel if any is
				installed, emergency response procedures and emergency contact information in
				case of an alarm or release.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.360 - Designation of Class A, B, and C operators

Current through May 31, 2024
(a) The owner or
				operator of a UST shall designate
(1) at least
				one Class A operator for each UST or group of USTs at a facility; a Class A
				operator is not required to be on site; and
(2) at least one Class B operator for each
				UST or group of USTs at a facility; a Class B operator is not required to be on
				site at all times.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 A AC 78.365 - Requirements for operator training

Current through May 31, 2024
(a)
General
				requirements.
The owner or operator of a UST shall ensure that Class A,
				Class B, and Class C operators meet the requirements of this section. Any
				individual designated for more than one operator class must successfully
				complete the required training program or comparable examination according to
				the operator class in which the individual is designated.
(b)
Class A operators.
Each
				designated Class A operator must be trained in accordance with (1) and (2) of
				this subsection, pass a comparable examination in accordance with (f) of this
				section, or have received comparable training from another state in accordance
				with (g) of this section. A Class A operator must have a genera! knowledge of
				the UST system requirements so as to ensure compliance with operation,
				maintenance, and recordkeeping requirements of this chapter. A Class A operator
				who is responsible for more than one facility must receive training on each UST
				system present at each facility for which the operator is responsible. At a
				minimum the training program must
(1) teach
				the Class A operators, as applicable, about the purpose, methods, and function
				of
(A) spill and overfill
				prevention;
(B) release
				detection;
(C) corrosion
				protection;
(D) emergency
				response;
(E) product compatibility
				with systems and equipment used at the facility;
(F) financial responsibility requirements and
				documentation;
(G) reporting,
				recordkeeping, testing, and inspection requirements;
(H) notification and registration
				requirements;
(I) release and
				suspected release reporting;
(J)
				temporary out-of-service requirements and temporary and permanent closure
				requirements; and
(K) operator
				training requirements; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.370 - Timing of operator training

Current through May 31, 2024
(a) An owner or
				operator must ensure that designated Class A, Class B, and Class C operators
				meet the requirements in 18 AAC 78.365.
(b) Class A and Class B operators must
				successfully complete operator training in accordance with 18 AAC 78.365 not
				later than 30 days after being assigned to the position.
(c) Class C operators must successfully
				complete training before the individual is assigned to the position.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.375 - Additional training

Current through May 31, 2024
(a) Class A and Class B operators of USTs
				determined by the department to be out of compliance with this chapter or that
				failed a third-party inspection under 18 AAC 78.059 must successfully complete
				a training program or comparable examination in accordance with 18 AAC 78.365.
				The training program or comparable examination must be developed or
				administered by an independent organization or the department. At a minimum,
				the training must cover the area determined to be out of compliance. The UST
				owner or operator shall ensure that Class A and Class B operators are retrained
				under this section not later than 30 days from the date the department
				determines that the facility is out of compliance with this chapter or the date
				on which the UST failed a third-party inspection, whichever is
				earlier.
(b) A Class C operator
				must repeat training annually.
(c)
				If a UST undergoes an upgrade or improvement, the department will require a
				Class A, Class B, or Class C operator to successfully complete refresher
				training in each area that pertains to the new equipment, as appropriate to the
				classification of the operator.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.380 - Documentation

Current through May 31, 2024
(a) The owner or operator of a UST must
				maintain at the facility a list of designated Class A, Class B, and Class C
				operators and records verifying that training has been completed in accordance
				with 18 AAC 78.365 - 18 AAC 78.370 and that additional training, as applicable,
				has been completed in accordance with 18 AAC 78.375 as follows:
(1) the list must
(A) identify each Class A, Class B, and Class
				C operator currently designated for the facility; and
(B) for each operator include the operator's
				name, the class of operator trained, the date when the operator assumed duties,
				the date when the operator completed initial training, and any additional
				training that the operator is required to complete under 18 AAC 78.375;
				and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 3 - UST Operators and Operator Training › 18 AAC 78.385 - Definition for 18 AAC 78.355 - 18 AAC 78.385

Current through May 31, 2024
In 18 AAC 78.355-18 AAC 78.385, "training program" means a
				  program that provides information to and evaluates the knowledge of a Class A,
				  Class B, or Class C operator through
(1) testing;
(2) practical demonstration; or
(3) another approach acceptable to the
				department regarding requirements for USTs that meets the requirements of 18 AAC 78.355 - 18 AAC 78.385.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.400 - Certification required

Current through May 31, 2024
(a) A person may not conduct, and an owner or
				operator may not allow a person to conduct any part of a UST installation,
				repair, reconfiguration, closure, tank tightness test, cathodic protection
				test, or inspection unless the person
(1) is
				certified under this chapter; or
(2) meets the requirements of
				AS
				46.03.375(d).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.410 - Categories of certification

Current through May 31, 2024
(a) If the
				certification requirements of
				18 AAC 78.415 are met, the
				division will issue a certification for one or more of the following
				categories:
(1) installation, including
				repairs and significant reconfiguration;
(2) closure, including removal;
(3) tank tightness testing;
(4) cathodic protection testing;
(5) inspection.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.415 - Certification requirements

Current through May 31, 2024
(a) A person
				seeking certification under this chapter shall submit a completed application
				to the division assigned occupational licensing functions in the Department of
				Commerce, Community, and Economic Development on a form provided by the
				division, and shall pay the applicable fees set by
				18 AAC 78.495.
(b) An applicant must
(1) be an individual;
(2) meet the work experience or educational
				requirements at
				18 AAC 78.425;
(3) pass the examination required by
				18 AAC 78.420; and
(4) have all other licenses applicable to the
				profession for which certification is sought.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.420 - Examination requirements

Current through May 31, 2024
A person who seeks certification or renewal of certification
				  under this chapter shall take an examination approved by the department and
				  administered by the division. The examination must test the extent of the
				  applicant's knowledge regarding the category of certification sought, the state
				  statutes and regulations relating to USTs, including familiarity with the
				  nationally-recognized codes of practice listed in this chapter, and the unique
				  environmental conditions affecting USTs in the state. A score of 75 or more is
				  required to pass an examination.
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 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.425 - Work experience and education requirements

Current through May 31, 2024
(a) A person
				seeking certification under this chapter, other than inspector certification,
				must have satisfactory work performance on at least two UST projects in the
				category for which the certification is sought during the three years
				immediately before application. Satisfactory work performance must be verified
				by an endorsement from a person certified under this chapter or under an
				equivalent program established outside of the state. The division will, in its
				discretion, accept applicable vocational training for any or all of the work
				experience required by this section.
(b) A person seeking to become a certified
				inspector shall show proof of completion, within two years before the date of
				application of
(1) at least one nationally
				recognized training course, class, examination, or workshop dealing with UST
				design, installation, testing, or inspection; and
(2) an inspector orientation course provided
				by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.430 - Display of certificate

Current through May 31, 2024
A certificate, or a copy of a certificate, issued under this
				  chapter must be readily available when work that requires certification is
				  being performed.
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 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.435 - Term of certification

Current through May 31, 2024
(a) Except as provided in (b) of this
				section, a certification issued under this chapter is valid until the next
				certification expiration date. The certification expiration date is December
				31, 1995, and reoccurs every December 31 of odd-numbered years.
(b) If a person is issued a certification
				within 90 days before the next certification expiration date, the person's
				certification is valid until the following certification expiration
				date.
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 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.440 - Renewal requirements

Current through May 31, 2024
(a) A person who seeks to renew a
				certification under this chapter shall renew the certification before it
				expires in accordance with (c) of this section. If the person's certification
				expires before it is renewed, the person must meet the requirements for a new
				certification under
				18 AAC 78.415, unless renewal
				under (c) of this section occurs within 90 days after expiration. A person
				whose certification has expired may not perform work described in
				18 AAC 78.455 unless the
(1) person obtains written department
				approval before doing the work;
(2)
				work is necessary to respond to an emergency that threatens human health or the
				environment; and
(3) work is
				performed in the first 90 days after certification expires.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.450 - Technical review committee

Current through May 31, 2024
(a) The department
				will designate a technical review committee to review and to advise the
				department on examination questions for the categories of certification
				established by
				18 AAC 78.410. The committee will
				meet at the request of the department.
(b) The technical review committee is
				comprised of the following members, each of whom must be certified under this
				chapter:
(1) an employee of the department
				familiar with UST requirements, regulations, and standards of
				practice;
(2) an employee of the
				division familiar with the certification regulations in this chapter;
				and
(3) one to three persons per
				certification category to represent the category in which they are
				certified.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.455 - Standards of practice

Current through May 31, 2024
(a) Except for a person certified under
				18 AAC 78.480, a person certified
				under this chapter
(1) for installation or
				reconfiguration, shall be at the job site when work requiring certification of
				installation or reconfiguration is being performed, including
(A) preparation of an excavation before
				receiving backfill and while the backfill is being placed;
(B) any movement of a tank at a job site,
				including a transfer of the tank from a vehicle used to transport the tank to
				the job site;
(C) placement of a
				tank and its associated piping into the excavation, including placement of an
				anchoring device, backfill, or strapping;
(D) placement or connection of a piping
				system to a tank;
(E) installation
				of cathodic protection;
(F)
				completion of a backfill and filling of an installation;
(G) covering a UST with concrete, asphalt, or
				other similar substance;
(H)
				preparation for and installation of a tank lining system; and
(I) installation, replacement, or repair of
				release detection equipment;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.470 - Suspension or revocation; disciplinary action

Current through May 31, 2024
(a) Upon written
				finding, the division assigned occupational licensing functions in the
				Department of Commerce, Community, and Economic Development will, in its
				discretion, suspend certification for a period recommended by the department,
				or revoke a certification if a certified tank worker
(1) fraudulently obtained
				certification;
(2) fails at any
				time to meet the requirements for certification;
(3) fails to comply with this
				chapter;
(4) fails to meet any
				applicable federal, state, or local law relating to the service performed under
				the certification; or
(5) falsifies
				a document regarding work done under this chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.475 - Reciprocity

Current through May 31, 2024
(a) The division assigned occupational
				licensing functions in the Department of Commerce, Community, and Economic
				Development will, in its discretion, issue a certificate to a person who has a
				certificate or license as a tank worker from another state if the division
				finds that the program in that state is comparable to the requirements of this
				chapter.
(b) To obtain
				certification under this section, a person shall apply for certification under
				18 AAC 78.415 and shall
				demonstrate knowledge regarding state statutes and regulations relating to
				USTs, including familiarity with the nationally-recognized codes of practice
				listed in this chapter, and the unique environmental conditions affecting USTs
				and their installation by passing that part of the examination described in
				18 AAC 78.420.
(c) A certificate issued under this section
				is limited to the term set out in
				18 AAC 78.435, and is subject to
				the renewal requirements of
				18 AAC 78.440.
With Register 180, January 2007 and under the authority of
					 AS
					 44.62.125, the regulations attorney changed
					 obsolete terminology concerning the division of occupational licensing and the
					 division of banking and securities in conformity with ch. 14, SLA 2005 and to
					 reflect the transfer of certain corporations functions within the Department of
					 Commerce, Community, and Economic
					 Development.
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 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.476 - Conflict of interest prohibition

Current through May 31, 2024
An inspector may not perform or supervise an inspection at a
				  UST facility if the inspector owns or has a significant financial interest in
				  the facility.
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 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.480 - Certification of department employees

Current through May 31, 2024
(a) Within one year
				after employment begins, a department employee shall become certified as an
				underground storage tank department inspector under this chapter if the
				employee's assigned duties and responsibilities include
(1) investigating discharges to determine if
				the discharge is related to potentially faulty UST installation, closure,
				repair, or reconfiguration; or
(2)
				field enforcement of the department's regulations regarding UST installation,
				closure, repair, reconfiguration, or testing.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.490 - Administration

Current through May 31, 2024
The division will
(1) keep a list of the names and
				certification numbers of all persons certified under this chapter, provide that
				list to the department, and make it available for public
				distribution;
(2) keep a file on a
				person certified under this chapter;
(3) notify an applicant for certification
				under this chapter, including a department employee applying under
				18 AAC 78.480, within 60 days
				after taking an examination under
				18 AAC 78.420, of whether the
				applicant qualifies for certification, or whether additional information is
				required; if the applicant qualifies, the notice must be accompanied by a
				certificate and certification number;
(4) administer, or arrange to have
				administered, the required examination for each category of certification as
				determined necessary by the division, and publish notice of the examination and
				the final filing date in a newspaper of general circulation at least 60 days
				before the examination;
(5) notify
				a person certified under this chapter
(A)
				within five days after the division
(i)
				receives a complaint regarding the person under
				18 AAC 78.470(b);
				or
(ii) learns of a suspected
				violation of a federal, state, or local law by the person; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.495 - Fees

Current through May 31, 2024
(a) The following fees are established for
				purposes of this chapter:
(1) application
				fee, $75;
(2) certification fee for
				each category for which an applicant seeks certification, $130;
(3) certification fee for each category for
				which an applicant seeks renewal, $130;
(4) duplicate certificate fee, $5;
				and
(5) reciprocity certification
				fee for each category for which an applicant seeks certification through
				reciprocity, $130.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 4 - Certification of Underground Storage Tank Workers and Inspectors › 18 AAC 78.499 - Definitions

Current through May 31, 2024
For purposes of
				  18 AAC 78.400 -
				  18 AAC 78.499,
(1) "certified inspector" means a person who
				is certified in inspection under this chapter;
(2) "inspect" or "inspection" means to
				perform a third party inspection, using standards of practice set out in
				18 AAC 78.455; "inspect" does not
				include routine maintenance or an inspection performed by a department
				inspector;
(3) "repair" means to
				correct or restore, after a release has occurred, a UST or any part of a UST
				that routinely contains petroleum, and includes repairs to the tank vessel,
				pipes, valves, fill pipes, or vents; "repair" does not include routine
				maintenance.
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 5 - Storage Tank Assistance Fund › 18 AAC 78.529 - Confidentiality of loan information [Annulled: see editor's note]

Current through May 31, 2024
(a) The
				following information is not confidential and is available for public
				inspection upon request:
(1) a document that
				is readily available for public inspection as described in
				2 AAC 96.100(b), including a deed of
				trust, a financing statement, a warranty deed, a bill of sale, a mortgage, a
				judgment or lien, or a vehicle title;
(2) general information regarding loans; that
				information includes the original loan amount, loan terms, personal guarantees,
				or disbursement and repayment schedules;
(3) insurance matters, including title
				insurance policies and correspondence with insurance companies or borrowers
				regarding losses, accident reports, and nonpayment of premiums;
(4) foreclosure and default
				proceedings.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 6 - Cleanup Levels › 18 AAC 78.605 - Soil sample number and location

Current through May 31, 2024
(a) The owner or
				operator of a UST shall collect and analyze soil samples to verify that a site
				subject to corrective action meets the cleanup levels and requirements of this
				chapter. Soil samples must be collected and analyzed in accordance with
				18 AAC 78.271.
(b) The minimum number of final verification
				grab samples required for excavated soil that have been treated is set out in
				Table C of this section.
TABLE C
NUMBER OF SAMPLES FOR POST-TREATMENT EXCAVATED SOIL Cubic
				  Yards of Soil Minimum Number of Samples
				  0-10111-50251-1003101-5005501-100071001-200010 More than 200010 samples, plus
				  one additional sample for each additional 500 cubic yards, or additional
				  samples as the department determines necessary to ensure protection of human
				  health and safety, and of the environment
(c) For untreated stockpiled soil, at least
				two grab samples must be collected from stockpiles of 50 cubic yards or less,
				with at least one additional sample collected from each additional 50 cubic
				yards of soil, or portion thereof over the initial 50 cubic yards.
(d) Samples for any soil remaining in place
				at the site must be sufficient in number and location to represent the
				condition of the soil.
Authority:
AS
					 46.03.020
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 6 - Cleanup Levels › 18 AAC 78.610 - Soil cleanup levels

Current through May 31, 2024
(a) The owner or operator shall ensure that
				corrective action activities at the site meet applicable soil cleanup levels as
				determined under
				18 AAC 75.340 -
				18 AAC 75.341. If the department,
				as part of its approval of soil cleanup levels under
				18 AAC 75.340 and
				18 AAC 75.341, determines that
				compliance with an institutional control is required, the department will make
				that determination under
				18 AAC 78.625.
(b) If an analysis of soil samples as
				required in this chapter shows soil to be contaminated with a hazardous
				substance other than a petroleum product, the owner or operator is subject to
				18 AAC 75 and, as applicable, 18 AAC 60, 18 AAC 62, 18 AAC 70, 18 AAC 72, or
				another chapter of this title.
(c)
				Except as provided in
				18 AAC 75.340(c)
				- (f), soil at a site where groundwater has been impacted by petroleum leachate
				must meet the soil cleanup levels in
				18 AAC 75.341(a),
				Table A1, Part B, Category A unless the department approves another soil
				cleanup level under
				18 AAC 75.340.
Authority:
AS
					 46.03.020
AS 46.03.050
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 6 - Cleanup Levels › 18 AAC 78.615 - Groundwater and surface water sample number and location

Current through May 31, 2024
(a) If available
				evidence indicates that groundwater contains a hazardous substance in
				concentrations exceeding the applicable cleanup level determined under
				18 AAC 75.345, or that surface
				water contains a hazardous substance in concentrations exceeding the applicable
				standard in
				18 AAC 70.020(b),
				the owner or operator of the UST that caused or contributed to the groundwater
				or surface water contamination shall collect and analyze water samples to
				verify that the corrective action activities met the corrective action
				requirements of this chapter.
(b)
				Groundwater monitoring wells must be installed, developed, and decommissioned
				in accordance with an approved method that is protective of human health and
				safety, and of the environment. Samples must be collected in accordance with
				the
UST Procedures Manual.
(c) If a hazardous substance at a UST site
				has impacted surface water quality, the owner or operator of the UST that
				caused or contributed to the impact shall, after corrective action, collect and
				analyze surface water samples to verify that the corrective action activities
				met the corrective action requirements of this chapter. Analysis of water
				samples must be conducted in accordance with the
UST Procedures
				Manual.
Authority:
AS
					 46.03.020
AS 46.03.050
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 6 - Cleanup Levels › 18 AAC 78.620 - Groundwater and surface water cleanup levels

Current through May 31, 2024
The owner or operator shall complete corrective action
				  activities and ensure that the site meets applicable groundwater cleanup levels
				  determined under
				  18 AAC 75.345 and the applicable
				  surface water quality standards and requirements of 18 AAC 70. If the
				  department, as part of its approval of those cleanup levels, determines that
				  compliance with an institutional control is required, the department will make
				  that determination under
				  18 AAC 78.625.
Authority:
AS
					 46.03.020
AS 46.03.050
AS
					 46.03.365
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 6 - Cleanup Levels › 18 AAC 78.625 - Institutional controls

Current through May 31, 2024
(a) The department will, after consultation
				with each landowner of the site, determine that the use of an institutional
				control is necessary, on a site-specific basis, if the department determines
				that controls are required to ensure
(1)
				compliance with an applicable cleanup level;
(2) protection of human health or safety, or
				of the environment; or
(3) the
				integrity of site corrective action activities or improvements.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 78 - Underground Storage Tanks › Article 7 - Airport Hydrant Fuel Distribution Systems and USTs with Field-Constructed Tanks › 18 AAC 78.700 - General requirements

Current through May 31, 2024
(a) The owner or operator shall comply with
				the requirements of this chapter for airport hydrant systems and USTs with
				field-constructed tanks as follows:
(1) for
				USTs installed on or before October 13, 2015, the requirements apply according
				to the following schedule:
(A) October 13,2018
				for
(i) upgrading existing USTs under
				18 AAC 78.030;
(ii) general operating requirements under
				18 AAC 78.040-18 AAC 78.059;
(iii) operator training
				under 18 AAC 78.355 - 1 8 AAC 78.385; and
(iv) release detection requirements under
				18 AAC 78.060-18 AAC 78.072;
				and