18 AAC 60.397. Post-closure care requirements for a Class I or Class II MSWLF

(a) Except as provided in (b) of this section, after closure of a Class I or Class II MSWLF, the owner or operator shall conduct post-closure care for at least 30 years. At a minimum, the owner or operator shall, as part of post-closure care,

(1) maintain the integrity and effectiveness of any final cover, including

(A) making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events; and

(B) preventing run-on and run-off from eroding or otherwise damaging the final cover;

(2) maintain and operate any existing leachate collection system constructed under 18 AAC 60.330 or 18 AAC 60.375; the department will allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to public health or the environment;

(3) monitor the groundwater as required by 18 AAC 60.820 - 18 AAC 60.860, and maintain the groundwater monitoring system, if applicable; and

(4) maintain and operate any existing gas monitoring system as implemented under 18 AAC 60.350.

(b) The length of the post-closure care period will be

(1) decreased if the owner or operator demonstrates that the reduced period is sufficient to protect public health and the environment; or

(2) increased if the department finds that a longer period is necessary to protect public health and the environment.

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written post-closure plan that includes, at a minimum, the following information:

(1) a description of the monitoring and maintenance activities required under (a) of this section for each Class I or Class II MSWLF, and the frequency at which these activities will be performed;

(2) the name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and

(3) a description of the planned uses of the property during the post-closure period; post-closure use of the property may not disturb the integrity of the final cover, liner, or any other component of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in this chapter; the department will approve any other disturbance if the owner or operator demonstrates that disturbance of the final cover, liner, or other component of the containment system, including removal of waste, will not increase the potential threat to public health or the environment.

(d) If the owner or operator of a Class I or Class II MSWLF does not have an approved post-closure plan, a post-closure plan must be submitted to the department and placed in the operating record no later than April 28, 1996.

(e) After completion of the post-closure care period for a Class I or Class II MSWLF, the owner or operator shall certify to the department that post-closure care has been completed in accordance with the post-closure plan. The certification must be signed and sealed by a registered engineer or must be approved by the department.

History: Eff. 1/28/96, Register 137

Authority: AS 44.46.020

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