Section 18 AAC 60.025 - Polluted soil(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.(c) The department will approve the beneficial use within a Class III MSWLF of polluted soil that does not meet one or more of the criteria in (b) of this section, if the proposed use of the soil (1) has a direct benefit to the community; a direct benefit to the community does not include providing compensation for the disposal of the polluted soil;(2) can be accommodated within the established operational practices at the landfill or within the existing maintenance, closure, or expansion plans for the landfill; and(3) will comply with the conditions and requirements in (d) and (e) of this section.(d) The disposal of polluted soil at a landfill other than a Class I MSWLF, an industrial solid waste landfill, a drilling waste landfill, or a Class III MSWLF, or the beneficial use of polluted soil under (c) of this section, 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) the waste in the landfill cannot be washed into nearby surface water, and leachate from the landfill cannot reach nearby surface water;(2) the polluted soil, if it is disposed in the landfill, will not cause a threat to the public health, safety, or welfare, or to the environment;(3) a practical potential does not exist for migration of a hazardous constituent from the landfill to an aquifer during the active life and post-closure care of the landfill; and(4) the owner of the landfill agrees to implement institutional controls that the department determines are necessary for long-term protection of the public health, safety, and welfare and the environment.(e) The demonstration required under (d) of this section must be certified by a qualified groundwater scientist and based upon site-specific (1) field-collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting fate and transport of hazardous constituents; and(2) hazardous constituent fate and transport predictions that anticipate maximum, likely migration and consider effects on public health, safety, and welfare and the environment.Eff. 1/28/96, Register 137; am 7/11/99, Register 151; am 9/5/2010, Register 195; am 4/12/2013, Register 206Authority:AS 44.46.020
AS 46.03.010
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