18 AAC 60.005. Purpose and applicability

(a) The purpose of this chapter is to promote cost-effective, environmentally-sound solid waste management and to ensure that landfills are designed, built, and operated to minimize health and safety threats, pollution, and nuisances. Each type of solid waste that is disposed in a landfill must be placed only in a landfill that meets the standards for that type of waste.

(b) Except as described in (c) of this section, this chapter applies to any person who accumulates, stores, transports, treats, or disposes of solid waste. The general requirements of 18 AAC 60.005 - 18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 60.860 supplement the specific requirements for

(1) municipal solid waste landfills (MSWLF) as covered by 18 AAC 60.300 - 18 AAC 60.398;

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

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

(c) The following wastes and materials, if disposed of or used as described in this subsection, are exempt from the requirements of this chapter unless mixed with nonexempt waste, there is a public health, safety, or welfare threat or environmental problem associated with management of the waste or material, or the waste or material is being managed in a manner that causes or contributes to a nuisance:

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

(2) tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a timber harvest area;

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

(4) crumb rubber used in asphalt paving;

(5) crushed glass;

(6) domestic wastewater, nondomestic wastewater, and other wastes that are subject to a permit under AS 46.03, 18 AAC 72, or 33 U.S.C. 1342 (Federal Water Pollution Control Act, sec. 402), as amended through August 21, 1998;

(7) septage or septic tank pumpings that contain less than five percent solids by weight regulated under 18 AAC 72;

(8) waste rock from a mining operation;

(9) tailings from placer mining that have not been amalgamated or chemically treated; other mine tailings are regulated under 18 AAC 60.455;

(10) mining waste regulated by the Federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 - 30 U.S.C. 1328, as amended through August 21, 1998, and by the Alaska Surface Coal Mining Control and Reclamation Act (AS 27.21), as amended through August 21, 1998;

(11) wood waste generated in amounts less than 10 cubic yards yearly, or in larger amounts if the conditions listed in this paragraph are met; wood waste that does not meet these conditions is regulated under 18 AAC 60.005 - 18 AAC 60.265, 18 AAC 60.480, and 18 AAC 60.800 - 18 AAC 60.990; the conditions that must be met are, as follows:

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

(B) the use of wood will not diminish the life span or capabilities of the project when compared with other materials typically used in such projects;

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

(12) source, special nuclear, or byproduct material is defined in 42 U.S.C. 2014 (Atomic Energy Act), as amended through August 21, 1998;

(13) crushed asphalt pavement used

(A) in a building pad or parking area as road base or pavement;

(B) as a material to construct a containment berm for a tank farm; or

(14) any treated waste allowed by the department to be managed as exempt waste under 18 AAC 60.005(e) ;

(15) soil containing a hazardous substance that does not meet the definition of "polluted soil" in 18 AAC 60.990;

(16) other solid wastes and materials placed on the land which meet the conditions established in 18 AAC 60.007.

(d) A treatment works designed to treat less than five tons of waste daily or 10 tons in a single batch is exempt from the requirements of this chapter unless it causes or contributes to a threat to public health, safety, or welfare, or the environment or unless the works is operated in a manner that causes or contributes to a nuisance.

(e) If a person treats a waste and demonstrates to the department's satisfaction that the potential for a release of hazardous constituents is eliminated by the treatment and the treated waste will not present a threat to the public health, safety, or welfare or to the environment, the department will allow the treated waste to be managed as an inert waste under 18 AAC 60.460 or an exempt waste under (c) of this section. The operator of the treatment works must

(1) secure the approval of the department before handling the waste as inert or exempt under this subsection; and

(2) keep records demonstrating that all waste managed under this subsection was treated in the manner on which the approval was based.

History: Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163

Authority: AS 44.46.020

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