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(a) Unless disposal is approved under (b) 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) The disposal of polluted soil at a landfill other than a landfill that meets the requirements in (a) of this section will be approved if the owner of the polluted soil or the operator of the landfill demonstrates, to the satisfaction of the department, that
(1) the waste in the landfill cannot be leached or washed into nearby surface water;
(2) the polluted soil will not cause a threat to the public health, safety, or welfare, or to the environment;
(3) the owner of the landfull agrees to implement institutional controls that the department determines are necessary for long term protection of the public health, safety, or welfare and the environment; and
(4) a practical potential does not exist for migration of a hazardous constituent from that landfull to an aquifer of resource value during the active life of the landfill and post closure care; the demonstration required by this paragraph must be certified by a qualified groundwater scientist and based upon site-specific
(A) field-collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting fate and transport of hazardous constituents; and
(B) hazardous constituent fate and transport predictions that anticipate maximum, likely migration and consider effects on public health, safety, and welfare and the environment.
History: Eff. 1/28/96, Register 137; am 7/11/99, Register 151
Authority: AS 44.46.020
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Last modified 7/05/2006