18 AAC 60.395. Closure standards for a Class I or Class II MSWLF

(a) Closure of a Class I or Class II MSWLF must conform to the closure plan prepared under (c) of this section and submitted under 18 AAC 60.210(b) (3)(E). The owner or operator of a Class I or Class II MSWLF shall install a final cover system designed to minimize infiltration and erosion. The final cover system must be designed and constructed to

(1) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils;

(2) minimize infiltration through the closed MSWLF by use of an infiltration layer that contains a minimum of 18 inches of earthen material with a permeability no greater than 1 x 10 -5 centimeters per second; and

(3) minimize erosion of the final cover by use of an erosion layer that contains a minimum of six inches of earthen material capable of sustaining native plant growth.

(b) The department will approve an alternative final cover design if the applicant demonstrates that the proposed design will protect public health and the environment and that it includes an

(1) infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in (a) of this section; and

(2) erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in (a)(3) of this section.

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written closure plan that describes the steps necessary to close that person's MSWLF at any point during its active life in accordance with the cover design requirements of (a) or (b) of this section, as applicable. In addition to the information required by 18 AAC 60.210(b) (3)(E), the closure plan must include

(1) a description of the final cover, designed in accordance with (a) or (b) of this section, as applicable, and the methods and procedures to be used to install the cover;

(2) an estimate of the largest area of the MSWLF ever likely to require a final cover;

(3) an estimate of the maximum inventory of wastes ever likely to be onsite over the active life of the facility; and

(4) a schedule for completing all activities necessary to satisfy the closure standards in this section.

(d) Repealed 9/7/2002.

(e) Before beginning closure of a Class I or Class II MSWLF as specified in (f) of this section, the owner or operator shall submit written notification to the department of the intent to close the MSWLF.

(f) Notwithstanding 18 AAC 60.245(a) , the owner or operator shall begin closure activities of a Class I or Class II MSWLF no later than 30 days after the date on which the MSWLF stops accepting waste or, if the MSWLF has remaining capacity and there is an investment-backed expectation that the MSWLF will receive additional waste, no later than one year after the most recent receipt of waste. The department will extend the one-year deadline for beginning closure if the owner or operator demonstrates that the MSWLF has the capacity to receive additional waste, and the owner or operator demonstrates a genuine intent to reopen the landfill and that, while temporarily closed, the owner or operator has taken and will continue to take all steps necessary to protect public health and the environment.

(g) The owner or operator of a Class I or Class II MSWLF shall complete closure activities of the MSWLF in accordance with the closure plan and within 180 days after beginning closure. The department will extend the closure period if the owner or operator demonstrates that it is not economically or practically feasible to complete closure in 180 days and the owner or operator has taken and will continue to take all steps necessary to protect public health and the environment.

(h) After closure of a Class I or Class II MSWLF, the owner or operator shall submit written notification to the department that a certification verifying completion of closure in accordance with the closure plan has been placed in the operating record. The certification must be signed and sealed by a registered engineer or must be approved by the department.

(i) After closure of a Class I or Class II MSWLF, the owner or operator shall record a notation on the deed to the landfill facility property, or some other instrument that is normally examined during a title search, and submit written notification to the department and the landowner that the notation has been recorded and that a copy has been placed in the operating record. The notation on the deed must, in perpetuity, notify any potential purchaser of the property that

(1) the land was used as a MSWLF; and

(2) use of the land is restricted under 18 AAC 60.397(c) (3).

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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