18 AAC 75.315. Initial response actions

(a) A responsible person shall investigate, contain, and perform a cleanup of a sudden or recent discharge or release of a hazardous substance

(1) in consultation the department, upon notification of a discharge or release under 18 AAC 75.300;

(2) in a manner that does not result in a significantly greater overall threat or damage to human health, safety, or welfare, or to the environment than another alternative, including taking no action; and

(3) until the lowest practicable level of contamination is achieved under (c) of this section.

(b) A person who is not a responsible person and who undertakes a initial response action at a site subject to this section shall comply with this section and 18 AAC 75.320.

(c) For containment and cleanup under this section, the department will determine the lowest practicable level of contamination based on

(1) protection of human health, safety, and welfare, and of the environment;

(2) the nature and toxicity of the hazardous substance, including amount and concentration;

(3) hydrogeological and climatological factors;

(4) the extent to which the hazardous substance has migrated, or is likely to migrate, from the area of original contamination if the hazardous substance remains onsite;

(5) the natural dispersion, attenuation, or degradation of the contamination;

(6) the extent to which residual soil contamination exceeds the cleanup levels in 18 AAC 75.340 and 18 AAC 75.341;

(7) the extent to which groundwater contamination exceeds the groundwater cleanup levels in 18 AAC 75.345;

(8) the current and future use of the groundwater under 18 AAC 75.350; and

(9) the need for an interim removal action under 18 AAC 75.330.

(d) If the department determines that the lowest practicable level of contamination has been achieved under this section, a responsible person is not required to perform additional containment or cleanup. The department will base a determination under this section on the most current and complete information available to the department. The department will require a responsible person to perform additional containment or cleanup if subsequent information indicates that

(1) the level of contamination that remains does not protect human health, safety, or welfare, or the environment; or

(2) the information the department relied upon was invalid, incomplete, or fraudulent.

History: Eff. 1/22/99, Register 149

Authority: AS 46.03.020

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.