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(a) The active portion of a hazardous waste management facility that is not subject to the provisions of (e) of this section must meet the applicable setback distance in Table I of this subsection with regard to nearby land use. To meet the setback requirements, the mean annual high water, high lake level, or high stream flow must be used to locate the boundary of the surface water.
TABLE I Minimum Setback Requirements (in meters) SITING CRITERIA TYPE OF FACILITY Land Disposal Storage or Incineration or Undergound Treatment Injection Well Any property line 25 150 500 Any public right-of-way 50 200 500 Any surface waters 75 250 750 Water supply point of withdrawal 150 1,500 3,000 The department will, in its discretion, require a greater setback distance for a facility if necessary to protect public health. Upon request by the applicant, and a determination by the department that no risk to public health will result, the department will, in its discretion, waive the setback requirement for lakes smaller than 10 hectares and streams with a flow rate of one-half cubic meter per second or less.
(b) A hazardous waste management facility that is not described in Table I must meet the setback requirement for a storage or treatment facility. A facility that includes a combination of operational units must meet the most stringent setback requirement applicable to any unit in the combination.
(c) No hazardous waste management facility may be located closer than 100 meters to
(1) a critical habitat area, state game refuge, state game sanctuary, state range area, or state wildlife reserve designated under state law;
(2) a critical habitat area designated by the federal government under 16 U.S.C. 1531 - 1543 (the Endangered Species Act of 1973);
(3) an area subject to high risks from seismic or volcanic activity, steep inclines, ice-affected coasts, floods, tsunamis, or avalanches, unless the facility is designed to withstand the 100-year maximum probable seismic, volcanic, or flooding event, and to prevent release of hazardous substances; the maximum probable seismic, volcanic, or flooding event must be determined within the 99 percent confidence interval;
(4) a national wildlife refuge, national monument, or national park;
(5) a wild and scenic river established under 16 U.S.C. 1271 - 1287; or
(6) a sole-source aquifer designated under 42 U.S.C. 300h-3 (sec. 1424 of the Safe Drinking Water Act; (Public Law 93-523)).
(d) No person may construct a hazardous waste land facility, or a chemical waste landfill, so that the active or closed portions are in wetlands.
(e) A temporary facility operating in remedial response to a release of a hazardous substance, hazardous waste, PCBs, or PCB Items, need not comply with the requirements of this section unless the department determines that a setback is necessary to protect public health.
History: Eff. 3/31/89, Register 109
Authority: AS 46.03.020
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Last modified 7/05/2006