18 AAC 60.490. Closure demonstration and post-closure care

(a) After closure of a monofill, the owner or operator shall record a notation on the deed to the property of 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 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 explain, in perpetuity, to any potential purchaser or leaseholder of the property

(1) that the land has been used as a monofill;

(2) the type of waste that was placed in the monofill;

(3) the geographical boundaries of the waste management areas; and

(4) details of any final cover, cap, or other structures or devices installed as part of closure.

(b) The property owner may remove the notation required in (a) of this section from the deed or other instrument only if all wastes are removed from the property and the concentrations of any hazardous constituents then remaining do not exceed contemporary State of Alaska cleanup standards for contaminated sites.

(c) Except for a drilling waste disposal facility subject to 18 AAC 60.430(e) (2), the owner or operator of a monofill shall conduct visual monitoring, for settlement and erosion, for at least 60 consecutive months immediately following the closure. The department will require periodic visual monitoring at a monofill for up to 360 consecutive months immediately following the closure, if based on the type of waste and the site's compliance history under this chapter, the department determines that monitoring is necessary to protect the public health, safety, or welfare, or the environment. In addition to visual monitoring, the department will require groundwater, surface water, leachate, gas, and thermal monitoring at a monofill if the department finds that monitoring is necessary to protect the public health, safety, or welfare, or the environment. The department will also require additional monitoring and corrective action necessary to meet the standards in 18 AAC 60.815 and 18 AAC 60.860. The department will extend the post-closure monitoring period if necessary to ensure that the facility will not harm the public health, safety, or welfare, or the environment. At the end of the post-closure period, the owner or operator shall submit a report to the department that describes site conditions and summarizes the information collected during post-closure period.

History: Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151

Authority: AS 44.46.020

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