18 AAC 60.270. Termination of post-closure obligations

(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.

(c) The department will approve a request to terminate the post-closure care requirements if the department finds that the facility does not pose a threat to public health, safety, or welfare, or to the environment.

(d) If the department, after it approves a request under (c) of this section, determines that the circumstances under which the approval was granted have changed to the extent that the facility that was granted approval under (c) of this section poses a threat to public health, safety, or welfare, or to the environment, the owner or operator of the facility must comply with the provisions of 18 AAC 60.800 - 18 AAC 60.860.

History: Eff. 9/7/2002, Register 163

Authority: AS 44.46.020

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