18 AAC 75.380. Final reporting requirements and site closure

(a) A responsible person shall submit a written final cleanup report to the department for each site undergoing cleanup under the site cleanup rules. The report must be prepared by a qualified person.

(b) The written report required by (a) of this section must contain, as applicable,

(1) the date and time of the discharge or release;

(2) the location of the discharge or release, including latitude and longitude coordinates;

(3) the name and physical address of the site, facility, or operation;

(4) the name, mailing address, and telephone number of the owner and of the operator of the site, facility, or operation;

(5) the type and amount of each hazardous substance discharged or released;

(6) a description of environmental damage caused by the discharge, release, or containment, to the extent the damage can be identified;

(7) a demonstration that the free product was recovered in compliance with 18 AAC 75.325(f) (1)(B) and that provides, at a minimum, the following information:

(A) the estimated amount, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(B) the type of free product recovery system used;

(C) whether a discharge or release has occurred or will occur at the site or offsite during the recovery operation and where the discharge or release occurred or will occur;

(D) the type of treatment applied to, and the effluent quality resulting or expected from, any substance that has been discharged or released or will be discharged or released;

(E) whether a discharge or other permit was required under local, state, or federal law and if each required permit was obtained;

(F) the date, location, and method of disposal of the recovered free product, dissolved phase product, or contaminated soil; and

(G) whether free product remains at the site, and, if so, the estimated quantity;

(8) a summary of each applicable soil and groundwater cleanup level approved under the site cleanup rules and a description of the factors used in determining each applicable cleanup level;

(9) a description of cleanup actions taken, including

(A) a demonstration that cleanup was conducted in accordance with the elements, including modifications to the elements, approved under 18 AAC 75.360;

(B) sampling reports and a description of the soil and groundwater sampling protocol and sampling locations;

(C) a summary of the laboratory reports for the final verification samples collected at the site; the laboratory or a responsible person shall keep those reports and make them available to the department upon request for at least 10 years after submission of the summary to the department;

(D) a detailed explanation of what was done if a sample exceeded the applicable required cleanup level;

(E) a demonstration that contaminated soil and groundwater were stored, treated, and disposed of in an approved manner;

(F) an estimate of the extent of any remaining residual contamination, above and below the applicable cleanup levels;

(G) a demonstration that surface soil staining was evaluated and that a cleanup of that staining was performed;

(H) whether permits were required under local, state, or federal law and if each required permit was obtained;

(I) confirmation that any hazardous waste generated was stored, treated, or disposed of in compliance with 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by Resource Conservation Recovery Act), as amended through October 1, 1998 and adopted by reference; and

(J) other information requested by the department, as the department determines necessary to ensure protection of human health, safety, or welfare, or of the environment;

(10) a demonstration of compliance with applicable institutional control requirements under 18 AAC 75.375.

(1) applicable soil cleanup levels, based on sampling results from onsite contaminated soil and from contaminated soil moved offsite for treatment or disposal, and based on the maximum concentrations detected, unless the department approves an appropriate statistical method, in which case compliance will be based on the mean soil concentration at the 95th percent upper confidence limit; approval of a statistical method will be based on

(A) the number and location of samples taken;

(B) whether large variations in hazardous substance concentrations relative to the mean concentration exist; and

(2) groundwater cleanup levels, based on an analysis of unfiltered groundwater samples unless a responsible person demonstrates that a filtered sample provides a more representative measure of groundwater quality; the department will determine compliance based on the maximum concentrations of a hazardous substance detected in the final confirmation samples; before closure, the size of the dissolved plume must be steady state or shrinking and concentrations of the hazardous substance must be decreasing.

(d) After reviewing the final cleanup report submitted under this section, if the department determines that

(1) a site has been adequately characterized under 18 AAC 75.335 and has achieved the applicable requirements under the site cleanup rules, the department will issue a written determination that the cleanup is complete, subject to a future department determination that the cleanup is not protective of human health, safety, or welfare, or of the environment; or

(2) the cleanup and applicable institutional controls are not protective of human health, safety, or welfare, or of the environment, the department will, as necessary to ensure protection of human health, safety, or welfare, or of the environment, require a responsible person to conduct additional actions that meet the requirements of the site cleanup rules.

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

Authority: AS 46.03.020

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