18 AAC 60.396. Post-closure care requirements for a Class III MSWLF

(a) For at least 60 consecutive months immediately following the closure of a Class III MSWLF, the owner or operator shall conduct visual inspections of the facility at least once every 12 months as described in 18 AAC 60.800. If surface water or groundwater monitoring was required by the department during the active life of the MSWLF, those activities must continue during the post-closure period for visual inspections required under this section.

(b) As soon as practicable, but no later than the conclusion of the post-closure period for visual inspection required under (a) of this section, the owner or operator shall record a notation on the deed to the property for the facility, or some other instrument that is routinely examined during a title search. The owner or operator shall provide written notification to the department and the landowner that the notation required by this subsection has been recorded and that a copy has been placed in the operating record of the facility. The notation on the deed or other instrument must notify, in perpetuity, any potential purchaser or lease holder of the property that

(1) the property was used as a Class III MSWLF;

(2) the property may not be suitable for some uses;

(3) maintenance and repairs to the property might become necessary to prevent pollution problems at the site; and

(4) any activity that results in damage to the final cover of the property must be corrected to control potential pollution problems.

(c) After the conclusion of the post-closure period for visual inspections required under (a) of this section, the owner or operator shall submit a report to the department that contains

(1) photographs of the facility;

(2) a description of any problems detected during visual monitoring; and

(3) all water monitoring data collected.

History: Eff. 10/29/98, Register 148; am 7/11/99, Register 151

Authority: AS 44.46.020

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