reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.060 - Preliminary proposal review

Current through May 31, 2024
The department will conduct a preliminary review of a proposal
				to ensure that it meets the requirements of
				18 AAC 54.050. At any time during
				the review under this section, the department may request additional
				information if it considers that information necessary to a complete review of
				the proposal.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.070 - Proposal review committee

Current through May 31, 2024
The department will assemble a proposal review committee
				consisting of department employees to review the subgrant proposals. If the
				department determines that the proposal meets the requirements of
				18 AAC 54.050, the proposal review
				committee shall accept, score, and rank the proposal.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.080 - Proposal scoring process, criteria, and subgrant offers

Current through May 31, 2024
(a) Each member of
			 the proposal review committee shall score a proposed project on a scale of 0 -
			 100 total points, and shall award
(1) no more
			 than 15 points for its rating of a proposed project's design, goals, and
			 results, as set out in the project description; the committee shall give a
			 higher score to a proposed project that meets at least one of the following
			 criteria:
(A) clearly explains the project
			 goals and identifies measurable outcomes;
(B) will have tangible and lasting results
			 and that addresses project goals within the time allowed for
			 completion;
(C) demonstrates an
			 ability to provide for continuing financial and administrative support, if the
			 proposed project is ongoing;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.090 - Reconsideration

Current through May 31, 2024
(a) No later than 10 days after receiving the
			 department's written notification under
			 18 AAC 54.080(f),
			 the applicant may make a request for reconsideration to the director. The
			 request for reconsideration must be in writing and must identify each part of
			 the decision to which the applicant objects.
(b) No later than 15 days after receiving a
			 request for reconsideration, the director shall review the request, the
			 proposal, and any relevant supplemental material and may issue a written
			 decision. If a written decision is not issued during the 15 days after a
			 request for reconsideration is received, the request is considered denied. The
			 director's decision on a request for reconsideration constitutes the final
			 determination of the department.
(c) If the applicant fails to request
			 reconsideration during the time set out in (a) of this section, the
			 department's decision constitutes the final determination of the
			 department.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.100 - Acceptance of subgrant offer; subgrant conditions

Current through May 31, 2024
(a) Subject to the
			 availability of appropriations, the department will negotiate a subgrant
			 agreement with the recipient. A recipient of a final award determination does
			 not have a vested right or other entitlement to a subgrant until a mutually
			 acceptable definitive written subgrant agreement is negotiated and is executed
			 by the department and the recipient.
(b) The department will incorporate any audit
			 requirements made applicable by
			 2 AAC 45.010 in a subgrant agreement.
(c) As part of a subgrant agreement the
			 department may require a subgrantee to procure, maintain, and demonstrate
			 liability, hazard, or workers' compensation insurance, may designate required
			 policy limits, and may provide that the state will be an additional insured
			 under a policy.
(d) During the term
			 of a subgrant agreement, the subgrantee shall maintain and provide, at the
			 department's request, all subgrant-related records, reports, invoices,
			 documents, or other information required under the subgrant
			 agreement.
(e) As a condition of
			 the subgrant agreement, the subgrantee must agree to comply with federal law
			 and requirements applicable to the subgrant or imposed on the subgrantee as
			 conditions for the state to receive federal money.
(f) The department may withhold payment under
			 the subgrant for the subgrantee's failure to comply with this chapter or the
			 subgrant agreement.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.110 - Waiver of sovereign immunity

Current through May 31, 2024
If the subgrantee is an entity that possesses sovereign
				immunity, the subgrantee must agree as a condition of receiving a subgrant that
				the subgrantee irrevocably waives its sovereign immunity with respect to
				enforcement of the subgrant agreement or claims related to the subgrant
				agreement. The waiver of sovereign immunity must be on a form approved by the
				Department of Law.
Authority:
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.200 - Joint application grants

Current through May 31, 2024
Joint application grants may be awarded to subgrantees directly
				if they were included or specifically named within an original grant
				application or work plan submitted by the department. Joint application grants
				are exempt from the solicitation requirements outlined in
				18 AAC 54.040 -
				18 AAC 54.090.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 54 - Requirements for the Distribution and Receipt of Financial Assistance › 18 AAC 54.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires otherwise,
(1) "department" means the Department of
			 Environmental Conservation;
(2)
			 "director" means the director of the division responsible within the department
			 for air quality;
(3) "proposal
			 review committee" means the group assembled under
			 18 AAC 54.070.
Authority:
AS
				  44.46.020
AS
				  46.14.535
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.005 - Purpose and applicability

Current through May 31, 2024
(a) The purpose of
				this chapter is to promote cost-effective, environmentally-sound solid waste
				management and to ensure that landfills are designed, built, and operated to
				minimize health and safety threats, pollution, and nuisances. Each type of
				solid waste that is disposed in a landfill must be placed only in a landfill
				that meets the standards for that type of waste.
(b) Except as described in (c) of this
				section, this chapter applies to any person who accumulates, stores,
				transports, treats, or disposes of solid waste. The general requirements of 18 AAC 60.005 - 18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 60.860 supplement the
				specific requirements for
(1) municipal solid
				waste landfills (MSWLF) as covered by 18 AAC 60.300 - 18 AAC 60.398;
(2) monofills as covered by 18 AAC 60.400 -
				18 AAC 60.495; and
(3) land
				application of biosolids as covered by 18 AAC 60.500 - 18 AAC 60.510.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.007 - Beneficial use of solid waste

Current through May 31, 2024
(a) Except for the
				materials and actions allowed under 18 AAC60.005(c)(ll) and (13), and the use
				of coal ash in a mine reclamation project or a roadway project, the beneficial
				use of solid waste is allowable only with prior approval of the department. If
				a person wants to beneficially use a solid waste, the person must submit a
				proposal that meets the requirements set out in this section for the
				appropriate beneficial use as set out under (b) of this section. The proposed
				beneficial use may not begin until the department approves the
				proposal.
(b) Solid waste may be
				beneficially used
(1) in a structural fill
				project in accordance with 18 AAC 60.008; or
(2) as an ingredient in a manufactured
				product or a similar' beneficial use in accordance with 18 AAC 60.009; in this
				paragraph, "manufactured product" does not include compost, biofuels, or other
				organic products.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.008 - Beneficial use

Current through May 31, 2024
(a) A solid waste listed under 18 AAC 60.007(c) may be approved for use as structural fill. Any solid waste approved
				for use in a structural fill project must substitute for natural or raw
				materials that would otherwise be used and, if placed below the natural ground
				surface, must be placed at least five feet above the seasonal high water level
				of the uppermost aquifer. A structural fill project may be approved as a small
				project under (b) of this section or as a large project under (c) of this
				section. Any proposed large fill project for which the applicant cannot
				successfully demonstrate the required components under (c) of this section will
				be permitted as a non-municipal landfill under 18 AAC 60.200 - 18 AAC 60.270
				and 18 AAC 60.400 - 18 AAC 60.490 using the requirements applicable to the
				solid waste that is used.
(b) A
				structural fill project qualifies as a small fill project if the total volume
				of solid waste placed as fill material is less man 23,000 cubic yards. A
				proposal submitted for a small structural fill project must be on a form
				provided by the department and must include
(1) an appraisal or assessment showing the
				current value of the property where solid waste will be placed and an estimate
				of the value the property will have after the project is complete;
(2) proof of landowner consent for the
				proposed project or proof that the person proposing the project is the legal
				owner of the land on which the fill will be placed;
(3) a list of each solid waste that will be
				placed at the site, including the expected volume and source of each waste
				type;
(4) information documenting
				that each solid waste proposed for use will meet available and relevant product
				specifications, regulatory standards, or design standards;
(5) an estimate of the total area on which
				solid waste will be placed as fill material;
(6) a description of the purpose for the
				project and the proposed future use of the site;
(7) an operations plan explaining where, how,
				when, and over what time period the solid waste will be placed on the
				land;
(8) an estimate of the
				expected compaction density and load bearing capacity of the finished
				fill;
(9) a list of each permit and
				approval issued or expected to be issued by government agencies other than the
				department;
(10) a description of
				the material that will be used to cover the beneficially used solid waste at
				the completion of the project; and
(11) construction drawings showing
(A) the surface contours of the existing site;
(B) the surface contours of the
				finished site;
(C) the location and
				details for any proposed drainage ditches and culverts;
(D) the location of any temporary or
				permanent road or ramp; and
(E) any
				pavement, sewer, plumbing, or electrical installation on the
				site.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.009 - Beneficial use of solid waste as an ingredient in a manufactured product

Current through May 31, 2024
(a) If a person
				wants to use a solid waste as an ingredient in a manufactured product or for a
				similar beneficial use, the person must submit a proposal that explains, for
				each solid waste that will be used,
(1) the
				proposed use of the solid waste;
(2) the comparative qualities and
				characteristics of the product made with the solid waste and the product made
				without the solid waste;
(3) how
				the qualities and characteristics of the solid waste make the solid waste
				suitable for the proposed use;
(4)
				a demonstration that the solid waste will be bound into the product in such a
				way that the solid waste cannot be mobilized into the surrounding
				environment;
(5) each procedure
				that is incorporated in the proposal to protect public health, safety, and
				welfare, and the environment during the transport, storage, and use of the
				solid waste; and
(6) if the product
				is a new product, information about the projected market for the
				product.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.010 - Accumulation, storage, and treatment

Current through May 31, 2024
(a) A person may
				not store accumulated solid waste in a manner that causes
(1) a litter violation under 18 AAC 64.015;
(2) the attraction or
				access of domestic animals, wildlife, or disease vectors;
(3) a health hazard; or
(4) polluted run-off water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.015 - Transport

Current through May 31, 2024
(a) A person who transports solid waste shall
				keep the waste contained during transport.
(b) A person who spills solid waste during
				transport shall promptly pick up the waste and any waste residue resulting from
				the spill.
Authority:
AS
					 44.46.020
AS 46.03.020
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.020 - Hazardous waste

Current through May 31, 2024
(a) A person may dispose of used oil or a
				regulated hazardous waste only
(1) at a
				facility that is approved by the department for the disposal of that specific
				type of waste; or
(2) in accordance
				with a permit issued by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.025 - Polluted soil

Current through May 31, 2024
(a) Unless disposal is approved under (b),
				(c), or (d) of this section, polluted soil may be disposed of only in a Class I
				MSWLF or a landfill that meets all applicable requirements of this chapter and
				federal law for the disposal of industrial solid waste or for drilling
				waste.
(b) Except as provided in
				(c) of this section, the disposal of polluted soil within a Class III MSWLF
				will be approved on a case-by-case basis only if the owner of the polluted soil
				and the owner or operator of the landfill demonstrate, to the satisfaction of
				the department, that
(1) petroleum
				hydrocarbons are the only contaminants in the soil;
(2) the polluted soil originates from the
				cleanup of a single spill incident within the community served by the
				landfill;
(3) the volume of the
				polluted soil requiring disposal is less than 500 cubic yards; and
(4) the contaminant concentrations within the
				polluted soil do not exceed the following maximum values as measured by the
				applicable methods for petroleum hydrocarbons described in the department's
Underground Storage Tanks Procedures Manual
, dated November 7,
				2002, in Appendix D, adopted by reference:
(A) a concentration of not more than 900
				milligrams of gasoline range organics, as measured under Method AK 101, for
				each kilogram of polluted soil;
(B)
				a concentration of not more than 2,000 milligrams of diesel range organics, as
				measured under Method AK 102, for each kilogram of polluted soil;
(C) a concentration of not more than 4,500
				milligrams of residual range organics, as measured under Method AK 103, for
				each kilogram of polluted soil.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.030 - Medical waste

Current through May 31, 2024
(a) A person shall manage medical waste in a
				way that prevents the spread of disease.
(b) The owner or operator of a permitted
				municipal solid waste landfill facility or industrial solid waste monofill may
				accept medical waste that has been treated according to the manufacturer's
				instructions
(1) in an autoclave;
(2) by a decontamination process other than
				an autoclave; or
(3) in a medical
				waste incinerator.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.035 - Vehicles and construction equipment

Current through May 31, 2024
A person who disposes of a vehicle or construction equipment
				  shall ensure that all batteries are removed and the vehicle or equipment
(1) is not used to stabilize a slope or to
				prevent erosion;
(2) is drained of
				all fluids before disposal; and
(3)
				does not create a visual nuisance or attract disease vectors.
Authority:
AS
					 44.62.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 1 - General Standards, Requirements, and Limitations › 18 AAC 60.040 - Wellhead protection

Current through May 31, 2024
(a) A new landfill
				or lateral expansion of an existing landfill may not be constructed within 500
				feet of a well used as a drinking water supply.
(b) A person shall dispose of septage, sewage
				solids, fish waste, animal manure, and animal byproducts or waste in accordance
				with the minimum separation distances in 18 AAC 80 for public water systems and
				in 18 AAC 72 for private water systems.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS
					 46.03.800
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.203 - Design approval

Current through May 31, 2024
For facilities that require a permit or authorization under
				  18 AAC 60.200 or
				  18 AAC 60.211, the owner of the
				  facility must have prior written approval from the department of the facility
				  design in order to construct a new facility or a lateral expansion of an
				  existing facility. Drawings, documents, and plans showing that the facility
				  design will meet the applicable requirements of this chapter may be submitted
				  for department approval either separately or as part of a permit
				  application.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.710
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.207 - Operation under a comprehensive solid waste management permit

Current through May 31, 2024
(a) A person
				proposing to treat, transport, store, or dispose of solid waste in a manner
				requiring two or more permits under this chapter may submit a proposal to the
				department to operate the solid waste management system under an approved
				comprehensive solid waste management permit in lieu of individual permits for
				each facility.
(b) A person who
				submits a proposal under (a) of this section must explain how the waste will be
				treated, stored, transported, and disposed, and must identify any disposal
				sites. The comprehensive solid waste management permit is subject to the same
				public notice provisions as a solid waste disposal permit and to the fees
				specified in
				18 AAC 60.700.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS
					 46.03.110
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.210 - Permit application

Current through May 31, 2024
(a) A person
				required by
				18 AAC 60.200 to have a permit shall submit a completed and
				signed application to the department as required by 18 AAC 15. Before
				submitting an application, the applicant shall schedule a preapplication
				scoping meeting with the department.
(b) Except for a request for authorization of
				a Class III MSWLF under
				18 AAC 60.200(c), a request for
				authorization of a one-time-use landfill under
				18 AAC 60.200(d), an application for a Class
				III MSWLF under
				18 AAC 60.211, an application for a research,
				development, and demonstration permit under
				18 AAC 60.213, or an application for biosolids that are to be
				applied to land under
				18 AAC 60.510, an application for a permit or permit renewal
				must consist of
(1) a cover letter that
				contains
(A) a statement indicating the class
				of landfill or the type of operation for which the permit is sought, and
				evidence showing that the proposed facility meets the description of that type
				of facility in
				18 AAC 60.005(a) or
				18 AAC 60.300(c);
(B) a general narrative description of the
				site topography, geology, climate, surface hydrology, and groundwater
				hydrology;
(C) a statement that the
				applicant is aware of all applicable local ordinances and all local zoning
				requirements; and
(D) information
				required by
				18 AAC 60.820(d) or
				18 AAC 60.900
				to support any waiver requested;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.211 - Class III community MSWLF permit application

Current through May 31, 2024
(a) Except for a
				Class III MSWLF that meets the requirements of
				18 AAC 60.200(c) (l), the owner or operator of a Class III
				MSWLF that meets the requirements of
				18 AAC 60.300(c) (3)(B) must have a permit and must submit a
				complete permit application to the department as required under
				18 AAC 15.020.
(b) An application for a new Class III MSWLF
				permit must be made on a form provided by the department. The form must be
				signed by the applicant or an authorized representative of the applicant and
				must include
(1) contact information for the
				owner and operator of the landfill;
(2) location information for the landfill
				property;
(3) documentation that
				identifies the landowner; if the landowner is different than the landfill
				owner, that documentation must be accompanied by a
(A) copy of a lease agreement that is clearly
				relevant to the proposed landfill; or
(B) written statement signed by the landowner
				showing that the landowner consents to locating a landfill on the property and
				agrees to the placement of a notation on the property deed as required under
				18 AAC 60.396(b);
(4) a map of the landfill vicinity that
				includes the boundaries of the landfill property and depicts the location of
				and the distance to
(A) the nearest
				community;
(B) the nearest
				residential property;
(C) the
				nearest drinking water source;
(D)
				nearby surface water bodies; and
(E) any airport or landing strip within
				10,000 feet of the landfill;
(5) a site plan for the proposed or existing
				landfill;
(6) an operations plan
				for the proposed or existing landfill that includes guidelines for the daily
				operations of the landfill; and
(7)
				an estimate of the costs for closing the landfill in accordance with the
				requirements of
				18 AAC 60.390 and
				18 AAC 60.396.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.213 - Research, development, and demonstration permit

Current through May 31, 2024
(a) The owner or
				operator of a permitted Class I MSWLF with a liner approved under 18 AAC 60.330
				and a leachate collection system designed and constructed to maintain less than
				a 12-inch depth of leachate on the liner may apply for a research, development,
				and demonstration permit if the owner or operator proposes to utilize
				innovative and new methods that vary from one or more of the following
				requirements:
(1) the requirement to
				construct and maintain a run-on control system in accordance with 18 AAC 60.225(c);
(2) the restriction
				under 18 AAC 60.360(a) (1)(B) on the placing of bulk or noncontainerized liquid
				waste in the MSWLF.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.215 - Permit issuance

Current through May 31, 2024
(a) Except for a research, development, and
				demonstration permit issued under
				18 AAC 60.213, the department will
				issue or deny a permit after reviewing information contained in the application
				and the public record, based upon the
(1)
				applicable provisions of this chapter and 18 AAC 15;
(2) air quality control regulations in 18 AAC
				50;
(3) water quality standards in
				18 AAC 70;
(4) wastewater disposal
				regulations in 18 AAC 72;
(5)
				drinking water standards in 18 AAC 80;
(6) repealed 4/8/2012;
(7) Alaska Historic Preservation Act,
				AS
				41.35.010-41.35.240;
(8) long-term stability of the facility and
				related structures in areas subject to natural events such as aufeis, floods,
				earthquakes, avalanches, landslides, mudflows, land slippage, or thaw-unstable
				permafrost; and
(9) applicant's
				compliance history while conducting other operations regulated by the
				department under this title, including any notice of violation, mandatory
				compliance order, consent order, and any other administrative, civil, or
				criminal enforcement action; an applicant's compliance history will constitute
				sufficient basis for denial of approval if, in the department's determination,
				that history shows a pattern or practice of noncompliance that demonstrates the
				applicant's unwillingness or inability to achieve or maintain compliance with
				the provisions of this chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.217 - Separation from groundwater

Current through May 31, 2024
A new unlined landfill or a lateral expansion of a landfill
				  may not be located closer than 10 feet above the highest measured level of an
				  aquifer of resource value unless the landfill is constructed two feet or more
				  above the natural ground surface.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.800
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.220 - Access requirements

Current through May 31, 2024
Except for a facility that treats or disposes of biosolids
				  and is subject to
				  18 AAC 60.500 -
				  18 AAC 60.510, the owner or
				  operator of a facility subject to the permit requirements of
				  AS
				  46.03.100 or this chapter shall
(1) control public access;
(2) prevent unauthorized vehicular traffic
				and illegal dumping of wastes by using artificial barriers, natural barriers,
				or both; the requirements of this paragraph do not apply to a Class III MSWLF
				unless it is connected to a major road system;
(3) ensure that public salvaging, if allowed,
				is performed in an area that does not hinder facility operations, create a
				safety hazard, or cause pollution; and
(4) ensure that access and onsite roads under
				the operator's control are kept passable and safe for vehicles during normal
				hours of operation.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.225 - Surface water requirements

Current through May 31, 2024
(a) The owner or
				operator of a solid waste disposal facility may not allow the placement of
				solid waste in surface water unless that placement is allowed in a permit
				issued under
				AS
				46.03.100 and this chapter.
(b) Except for an inert waste landfill, an
				asbestos landfill, or a Class III MSWLF that meets the standards in
				18 AAC 60.300(c) (3)(B), the owner or operator of a landfill
				shall
(1) remove all ponded water that is in
				contact with waste within seven days after the formation of the pond unless
				another dewatering schedule is specified in a permit issued under
				AS
				46.03.100 and this chapter;
(2) if the department determines that a
				control system for stormwater run-off is necessary to prevent the landfill
				contributing to siltation or flooding problems in nearby surface water bodies,
				construct and maintain a control system capable of containing and controlling
				the run-off from a 24-hour, 25-year storm; and
(3) prevent, contain, or control visible
				leachate seeps at the boundary of the waste management area.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.227 - Landfills located on permafrost

Current through May 31, 2024
(a) The department
				will not approve the construction of a landfill on a site underlain by
				permafrost unless the owner or operator can demonstrate that a practical
				alternative to the site chosen does not exist.
(b) Landfills on permafrost must be designed
				and operated so that the permafrost remains frozen to the greatest extent
				practical, and water does not pool anywhere on the site.
(c) If a landfill underlain by permafrost
				begins to settle so that water is pooling on the site, the owner or operator
				shall take corrective action to eliminate all water pooling or close the
				landfill within 90 days after the pooling begins.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.228 - Exemptions for freezeback landfills

Current through May 31, 2024
(a) Subject to (d)
				of this section, the department will not require the installation of a liner,
				groundwater monitoring, or methane gas monitoring for a landfill located in
				permafrost regions if the owner or operator of the landfill demonstrates that
(1) the landfill site is designed, developed,
				and operated to prevent permafrost degradation and to ensure all of the waste
				will freeze with the permafrost and remain frozen;
(2) a sufficient number of temperature
				sensing devices are installed and monitored to detect any thawing in the
				waste;
(3) oils, liquids from spill
				cleanups, and waste that is incompatible with freezeback will not be placed in
				the landfill; and
(4) after
				closure, the waste will remain frozen.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.230 - Disease vector, wildlife, and domestic animal control

Current through May 31, 2024
(a) The owner or
				operator of a facility subject to the permit requirements of
				AS
				46.03.100 and this chapter shall manage the
				facility so that
(1) disease vectors do not
				endanger public health, safety, or welfare or create a nuisance;
(2) wildlife and domestic animals do not
				endanger public health, safety, or welfare; become harmed by contact with the
				waste; or become a nuisance; the requirements of this paragraph do not apply to
				a Class III MSWLF.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.233 - Controlling impacts outside facility boundaries

Current through May 31, 2024
The owner or operator of a landfill or solid waste treatment
				  works shall ensure that
(1) a minimum
				setback of 50 feet is kept between the waste management area and the property
				line of the facility; and
(2) dust,
				odor, noise, traffic, and other effects from the operation of the facility do
				not become a nuisance or a hazard to the public health, safety, or
				welfare.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.800
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.235 - Recordkeeping requirements

Current through May 31, 2024
(a) The owner or
				operator of a facility subject to the permit requirements of this chapter shall
				maintain an "operating record." The record must be retained at a location that
				is readily accessible for department review and by employees working at the
				facility. The record must consist of
(1) the
				permit application and the permit;
(2) inspection records, training procedures,
				and notification procedures, if required by
				18 AAC 60.240;
(3) any demonstration, certification,
				finding, monitoring, testing, or analytical data required by
				18 AAC 60.800 -
				18 AAC 60.860;
(4) any permit or record required under the
				Clean Water Act as that Act applies to leachate and stormwater
				discharges;
(5) financial assurance
				documentation, if required under
				18 AAC 60.265;
(6) the operations plan required in
				18 AAC 60.210(b) (3)(C) or
				18 AAC 60.211(b) (6);
(7) as-built drawings of the landfill;
				and
(8) any other documents
				required by this chapter to be kept in the operating record.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.240 - Procedures to exclude receipt of hazardous waste

Current through May 31, 2024
(a) The owner or
				operator of a landfill shall
(1) post a
				clearly legible sign at the entrance to the landfill notifying users that
				disposal of regulated hazardous waste and polychlorinated biphenyls (PCB) waste
				is prohibited; and
(2) provide
				written notification to the department and EPA if a regulated hazardous waste
				or PCB waste is found at the facility.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.243 - Intermediate cover

Current through May 31, 2024
(a) Except for a facility that treats or
				disposes of biosolids and is subject to
				18 AAC 60.500 -
				18 AAC 60.510 and a facility for
				disposal of waste that has a permit under
				AS
				46.03.100 and this chapter to contain fluids,
				the owner or operator of a landfill shall apply an intermediate cover to any
				inactive portion of a landfill within seven days after the waste is last
				deposited in that area, using a soil material at least 12 inches thick, graded
				to prevent water from ponding.
(b)
				For purposes of this section, "inactive portion" means an area of a landfill
				that does not receive waste for a period of 90 days or more.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.800
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.245 - Prompt closure

Current through May 31, 2024
(a) Except where a different time is
				specified in
				18 AAC 60.395(f)
				or is otherwise approved by the department, the owner or operator of a landfill
				shall place the final cover on those waste management areas that have reached
				final elevation within 90 days after the last waste placement.
(b) The requirements of this section do not
				apply to an inactive drilling waste disposal site.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.250 - Existing permits and permit renewal

Current through May 31, 2024
(a) In addition to
				the requirements of this section, permit renewal under this chapter is also
				subject to the permit renewal requirements of 18 AAC 15 and the fee
				requirements of
				18 AAC 60.700.
(b) If an applicant for permit renewal must
				undertake a construction project or needs additional time to install monitoring
				or other equipment, the department will negotiate a compliance schedule as part
				of the renewal.
(c) An application
				for permit renewal must be submitted at least 30 days before the permit
				expires.
Authority:
AS
					 44.46.020
AS 44.46.025
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS
					 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.255 - General permit

Current through May 31, 2024
(a) The department
				will issue a general permit covering a group of facilities subject to the
				permit requirements of this chapter, or to a group of activities, if the
				facilities or activities in the group
(1)
				involve the same type of waste handling systems;
(2) dispose of the same type of solid
				waste;
(3) will not threaten public
				health, safety, welfare, or the environment; and
(4) are, in the department's determination,
				best regulated under a general permit.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.260 - Permit termination and modification

Current through May 31, 2024
(a) Repealed
				9/5/2010.
(b) No later than 30 days
				before terminating or modifying under AS 46.03.120 a permit issued under this
				chapter, other than a general permit subject to termination or modification
				under AS 46.03.120 and 18 AAC 60.255, the department will issue a written
				notice of termination or modification. In the notice, the department will
(1) include a clear, detailed statement
				describing reasons for the department's decision, including acts or omissions
				of the permittee that led to the department's decision to modify or
				revoke;
(2) clearly specify the
				statute, regulation, or permit condition the permittee is alleged to have
				violated, including the nature of the violation; and
(3) state that the permittee may request an
				expedited hearing before the office of administrative hearings (AS 44.64.010),
				if the request is submitted to the commissioner and the office of
				administrative hearings not later than 10 days after receipt of the notice; a
				request for an expedited hearing must include a written statement of reasons
				why the permittee believes the department's decision to be in error; failure to
				file a timely request for hearing constitutes a waiver of the permittee's right
				to a hearing; upon receipt of a timely request for an expedited hearing, the
				office of administrative hearings will schedule the request for an expedited
				hearing, conduct the expedited hearing under AS 44.62 (Administrative Procedure
				Act) and 2 AAC 64.100 - 2 AAC 64.990, and forward a recommended decision to the
				commissioner or to the commissioner's designee if the designee is a person
				other than the person who issued the notice of termination or
				modification.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.265 - Proof of financial responsibility

Current through May 31, 2024
The department will require proof of financial responsibility
				  to cover the cost of closing a solid waste disposal facility or treatment works
				  and the cost of post-closure monitoring. Proof of financial responsibility
				  under this section may be demonstrated by self-insurance, insurance, surety, or
				  other guarantee approved by the department to assure compliance with applicable
				  closure standards and post-closure monitoring requirements.
Authority:
AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS 46.03.830
AS 46.06.080
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 2 - Waste Disposal Permit › 18 AAC 60.270 - Termination of post-closure obligations

Current through May 31, 2024
(a) Whether or not
				a permit required by this chapter has been issued, once waste disposal
				commences at a facility subject to this chapter, the owner and operator are
				subject to all applicable provisions of this chapter until the owner or
				operator of the facility requests, and is granted approval by the department to
				terminate post-closure care required by
				18 AAC 60.396,
				18 AAC 60.397, or
				18 AAC 60.490.
(b) Within 30 days after receipt of a
				complete request, the department will review a request for approval to
				terminate post-closure care under the requirements of this chapter. The request
				must include
(1) a report on the findings of
				the post-closure monitoring;
(2)
				drawings, photographs, and other documentation concerning the condition of the
				landfill at the time of the request; and
(3) an analysis of any potential problems at
				the landfill, including settlement, erosion, cracking, and slope instability,
				and what evidence will indicate a problem has developed.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 3 - Municipal Solid Waste Landfills › 18 AAC 60.300 - Purpose, scope, and applicability; classes of MSWLF

Current through May 31, 2024
(a) The purpose of
				18 AAC 60.300 -
				18 AAC 60.397 is to establish
				minimum standards for owners and operators of municipal solid waste landfills
				(MSWLF). Location standards are established in
				18 AAC 60.305 -
				18 AAC 60.320. Design standards
				are established in
				18 AAC 60.330. Operating
				standards, which must be applied in conjunction with
				18 AAC 60.220 -
				18 AAC 60.240, are established in
				18 AAC 60.335 -
				18 AAC 60.380. Closure standards,
				which must be applied in conjunction with
				18 AAC 60.245, are established in
				18 AAC 60.385 -
				18 AAC 60.397.
(b) Except as otherwise specifically provided
				in this chapter, the standards described in (a) of this section apply to the
				owner or operator of a new or existing MSWLF or a lateral expansion.
(c) A Class I, Class II, and Class III MSWLF
				shall meet the specific requirements of
				18 AAC 60.305 -
				18 AAC 60.397. For purposes of
				this chapter, classifications are as follows:
(1) a Class I MSWLF is a landfill that
(A) accepts, for incineration or disposal, 20
				tons or more of municipal solid waste and other solid wastes daily, based on an
				annual average; or
(B) does not
				qualify as a Class II or Class III MSWLF;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 3 - Municipal Solid Waste Landfills › 18 AAC 60.305 - Airport safety

Current through May 31, 2024
(a) The owner or operator of a new or
				existing MSWLF or a lateral expansion located within 10,000 feet of an airport
				runway end used by turbojet aircraft, or within 5,000 feet of an airport runway
				end used by only piston-type aircraft, shall demonstrate that the MSWLF is
				designed and operated so that it does not pose a bird hazard to
				aircraft.
(b) An owner or operator
				proposing to site a new MSWLF or a lateral expansion within a five-mile radius
				of an airport runway end used by turbojet or piston-type aircraft shall notify
				the affected airport and the Federal Aviation Administration at the time the
				permit application is submitted to the department.
(c) The owner or operator shall retain the
				documentation used to satisfy (a) of this section in the operating
				record.
(d) In this section,
(1) "airport" means a place for the landing
				and take-off of aircraft, which place is open to the public without prior
				permission; and
(2) "bird hazard"
				means an increase in the likelihood of bird-aircraft collisions that might
				cause damage to the aircraft or injury to its occupants.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 3 - Municipal Solid Waste Landfills › 18 AAC 60.310 - Floodplains

Current through May 31, 2024
(a) The owner or operator of a new or
				existing MSWLF or a lateral expansion located in a 100-year floodplain shall
				demonstrate that the MSWLF will not restrict the flow of the 100-year flood,
				reduce the temporary water storage capacity of the floodplain, or result in
				washout of solid waste that would pose a hazard to public health or the
				environment.
(b) The owner or
				operator shall retain the documentation used to satisfy (a) of this section in
				the operating record.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS
					 46.03.810
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 60 - Solid Waste Management › Article 3 - Municipal Solid Waste Landfills › 18 AAC 60.315 - Wetlands

Current through May 31, 2024
A new MSWLF or a lateral expansion of an existing MSWLF may
				  not be located in wetlands, unless the owner or operator demonstrates
				  that
(1) to the extent required by or
				under 33 U.S.C.
				1344 (Clean Water Act, section 404), as
				amended through December 6, 1995, there is no practical alternative landfill
				site available except other wetlands;
(2) construction and operation of the MSWLF
				will not
(A) cause or contribute to a
				violation of an applicable water quality standard under 18 AAC 70;
(B) violate an applicable toxic effluent
				standard or prohibition set out in, or established under,
				33 U.S.C.
				1317 (Clean Water Act, section 307), as
				amended through December 6, 1995;
(C) jeopardize the continued existence of an
				endangered or threatened species or result in the destruction or adverse
				modification of a critical habitat protected under
				16 U.S.C.
				1531 -
				1544 (Endangered Species Act of
				1973), as amended through December 6, 1995; and
(D) violate a requirement of
				33 U.S.C.
				1401 -
				1445 (Marine Protection, Research,
				and Sanctuaries Act of 1972), as amended through December 6, 1995, for the
				protection of a marine sanctuary;