18 AAC 60.200. Permit requirement

(a) Except as otherwise provided in this section, a person may treat or dispose of solid waste, or construct, modify, or operate a solid waste facility only in accordance with a waste disposal permit issued by the department under 18 AAC 60.215. However, a permit under this chapter is not required for

(1) a single-family or duplex residence or a farm where solid waste is generated and disposed of on the premises;

(2) the closure of an inactive reserve pit, solid waste facility, or dump;

(3) disposal that is governed by a permit issued under 18 AAC 72.010, 18 AAC 72.210, or an approved contaminated site cleanup plan under 18 AAC 75 or 18 AAC 78;

(4) disposal that is governed by a permit issued under 18 AAC 62 or under 40 C.F.R. Part 264 or 40 C.F.R. Part 265, revised as of July 1, 1998, adopted by reference;

(5) disposal under an underground injection permit issued under 42 U.S.C. 300h-4 (Safe Drinking Water Act);

(6) a person who transports solid waste to an approved facility;

(7) a facility that is used only for the disposal of material and waste exempted by 18 AAC 60.005(c) ;

(8) a transfer station, except one that is located at a facility otherwise subject to this section;

(9) a reuse, recycling, or resource recovery facility unless the department determines that the facility is causing or is likely to cause excessive odor or other problems such as combustion, blowing litter, water quality degradation, or vermin attraction;

(10) a solid waste treatment works or a solid waste treatment facility that is designed to treat less than five tons of waste daily;

(11) drilling, trenching, and other activities described in AS 46.03.100 (f) that are not subject to the permit requirements of AS 46.03.100 ;

(12) animal or fish waste disposed under 18 AAC 60.010(d) or (e);

(13) polluted soil that is polluted only because of a naturally occurring metal if the soil is returned to the location where the soil was excavated or taken to another area with an equal or greater concentration of the same metal;

(14) storage of industrial solid waste under 18 AAC 60.430(a) ;

(15) waste approved for use as fill under 18 AAC 60.007;

(16) waste approved for beneficial use under 18 AAC 60.008; or

(17) waste managed under a plan approved under 18 AAC 60.207.

(b) If the department certifies an activity under 33 U.S.C. 1344 (Clean Water Act, section 404) and attaches conditions to that certification, and if the department decides that certification may be substituted for a permit required under this chapter, the department will enforce the terms and conditions of the certification in the same way it would require compliance with a permit issued under this chapter for the same activity.

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

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.