18 AAC 60.440. Closure of inactive reserve pits

(a) An inactive reserve pit must be closed in accordance with (e) - (k) of this section unless the pit was previously closed under approval from the department, in which case the closure is considered approved under this section.

(b) Repealed 6/30/2002.

(d) The owner or operator of one or more inactive reserve pits shall list those pits, except for inactive reserve pits exempted under (a) of this section, and provide that list to the department, together with a schedule for submitting closure plans for those pits. The list and schedule must be provided to the department by January 28, 1997 or one year after the date of a disapproval under (c) of this section, whichever occurs later. The schedule must anticipate that at least half of the closure plans will be submitted by January 28, 2000 and that the remaining closure plans will be submitted by January 28, 2002.

(e) Before submitting a closure plan for an inactive reserve pit, the owner or operator shall collect and analyze samples as required by Tables C and D of this subsection or submit equivalent sampling data. The owner or operator may submit a sampling plan for department review before doing the field work. The department will review and comment on the plan, or approve it, within 90 days after receiving it. The owner or operator shall determine the type of samples to be taken, the sampling locations, and the analysis required, based on

(1) Tables C and D;

(2) site specific conditions;

(3) historic information about waste disposal practices at the site; and

(4) the statistical significance desired to be achieved with the information to be gathered.

CLICK TO VIEW TABLE C

CLICK TO VIEW TABLE D

(f) A closure plan submitted under (d) of this section must be accompanied by a fee payable to the State of Alaska in the amount of $1,500 for each drill site. This fee covers only the review of the closure plan and the approval or disapproval of the closure plan. The closure plan must include, at a minimum,

(1) a list of the reserve pits known or believed to exist at the site;

(2) a brief history of the construction and use of those pits, including current status;

(3) site geology, hydrology, and climatology;

(4) the site's economic, biological, ecological, historical, and human resources;

(5) an assessment of the pit's existing condition, based on its use, age, and location;

(6) the results of sampling and chemical analysis conducted or provided under (e) of this section;

(7) a qualitative discussion of substantial effects on surface water, groundwater, soil, or sediment imminently likely to result from leachate or a constituent of the deposited waste, assessed at points of compliance established in accordance with 18 AAC 60.810(b) and 18 AAC 60.825(c) ;

(8) a qualitative discussion of material, probable risks to public health or the environment posed by the pits, and any feasible corrective action that might eliminate, mitigate, or abate the risks;

(9) an analysis of the feasible corrective actions, including the alternative of taking no corrective action compared to the potential benefit of implementing a corrective action; and

(10) a proposal to implement or refrain from implementing corrective action, based on the information presented under this subsection and upon an assessment of the sampling data collected under (e) of this section, assessed in accordance with (i) of this section; if corrective action is proposed, the closure plan must include a corrective action plan and implementation schedule.

(g) Within 12 months after receiving a closure plan, the department will notify the owner or operator that it approves or disapproves the plan or that more information is required.

(h) The department will approve an inactive reserve pit closure plan if

(1) the pit is not found, based on the documentation of a reasonable search; documentation must include the names of persons who conducted the search and their field notes, and a recent aerial photograph of the area searched on a scale of 1" = 200' or larger; a minimum reasonable search consists of a four man-hour search on foot, based on a 7.5-minute series quadrangle topographic map, or a minimum one-half hour helicopter survey, or an aerial magnetometer survey;

(2) an assessment of the data submitted with the plan shows that, at the compliance points established under 18 AAC 60.810(b) and 18 AAC 60.825(c) , concentrations of hazardous constituents do not

(A) represent a statistically significant difference from background; or

(B) exceed applicable water quality criteria in 18 AAC 70;

(3) the pit contains exposed drilling waste but does not hold water;

(4) evidence of ponded water is present and a water quality standard of 18 AAC 70 has been violated, but the owner or operator has demonstrated that the violation presents no material risk to public health or the environment or that the violation is not caused, in whole or in part, by the drilling waste; or

(5) a water quality standard of 18 AAC 70 has been violated, feasible corrective action is proposed by the owner or operator, and the corrective action plan and implementation schedule of (f)(10) of this section are approved by the department.

(i) At a site where a violation of a water quality standard is found but the owner or operator cannot meet the demonstration requirements of (h)(4) of this section, the department will, in its discretion, require corrective action, including a monitoring program for a specified time, based on site-specific conditions, to determine whether water quality in the affected water body is likely to improve or deteriorate over time. The department will, in its discretion, conditionally approve a reserve pit closure plan without requiring corrective action if the owner or operator demonstrates that the effects of feasible corrective action would exceed the benefits of the action.

(j) After closure, the department will, in its discretion, issue permanent closure approval for an inactive reserve pit if

(1) the pit is not found, based on the minimum criteria of a reasonable search under (h)(1) of this section;

(2) no material or probable risk to public health or the environment is present as determined under (h)(2) - (4) of this section, and no further action is required;

(3) the corrective action plan of (h)(5) of this section is implemented and the action is demonstrated to the department's satisfaction to eliminate, mitigate, or abate the risk present at the site;

(4) the owner or operator demonstrates that the effects of feasible corrective action would exceed the benefits of the action; or

(5) the owner or operator demonstrates that water pollution in the affected water body is diminishing.

(k) If an inactive reserve pit is located on private property and the owner or operator seeking permanent closure approval is not the landowner of record, the owner or operator shall provide proof that the landowner has been notified of the request for permanent closure approval.

( l ) If additional information about conditions at a closed inactive reserve pit makes corrective action necessary to protect public health and the environment, or, if appropriate, supportive documentation becomes available that might help locate an inactive reserve pit closed under (h)(1) of this section, the department will require further investigation, assessment, monitoring, or remediation.

(m) The department will apply a fee described in 18 AAC 60.700(f) for any action taken by the department after initial approval or disapproval of the closure plan, including oversight of corrective action, ongoing monitoring, final inspection of closed sites, and issuance of permanent closure approval.

History: Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 6/30/2002, Register 162

Authority: AS 44.46.020

Editor's note: Information about how to obtain or review SW-846 adopted by reference in 18 AAC 60.440 is in the editor's note for 18 AAC 60.365.

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