18 AAC 78.260. Corrective action plan approval

(a) The department will approve or deny a corrective action plan after receipt of all information required or requested under 18 AAC 78.250 and any comments on the plan under 18 AAC 78.280(c) , and only after determining whether implementation of the plan will adequately protect human health, safety, and the environment.

(b) In making a determination under (a) of this section, the department will consider

(1) the physical and chemical characteristics of the petroleum, including its toxicity, persistence, and potential for migration;

(2) the hydrogeologic characteristics of the facility and surrounding area;

(3) the proximity, quality, and current and future uses of nearby surface water and groundwater;

(4) the potential effects of residual contamination on nearby surface water and groundwater;

(5) an exposure evaluation;

(6) the overall cost effectiveness of the corrective action measures proposed;

(7) any information gathered and submitted in compliance with 18 AAC 78.200 - 18 AAC 78.250; and

(8) the qualifications of each person involved with the corrective action planning and activities.

(c) The department will, in its discretion, and upon a documented finding of public endangerment, require that the corrective action plan provide for

(1) adequate alternative drinking water systems, that meet the requirements of 18 AAC 80, for affected consumers; and

(2) the temporary relocation of persons affected by a contaminated water supply.

(d) At any time after reviewing the information submitted under 18 AAC 78.250, the department will, in its discretion, require the owner or operator to submit additional information by a schedule and in a format established by the department.

(e) Upon approval of a corrective action plan, or as directed by the department, the owner or operator shall implement the plan, including modifications to the plan made by the department. The owner or operator shall monitor, evaluate, and report the results of implementing the plan in a final corrective action report as specified by 18 AAC 78.276.

History: Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149

Authority: AS 46.03.020

AS 46.03.365

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.