18 AAC 78.273. Offsite or portable soil treatment facilities

(a) An owner or operator of an offsite or portable soil treatment facility shall

(1) obtain approval of an operations plan before that person accepts or treats contaminated soil; the department will approve the plan if the department determines that the operations proposed are protective of human health and safety, and of the environment; a plan submitted under this paragraph must include

(A) a facility diagram that shows the location of

(i) each soil treatment, storage, and transportation area;

(ii) major roads within or bordering the site or facility; and

(iii) monitoring wells, surface water, water supply wells, facility boundaries, and public or private buildings within 500 feet of the facility boundary;

(B) a detailed process description including a discussion of

(i) air, water, and solid waste process streams;

(ii) startup and shutdown procedures;

(iii) maximum process flow rate;

(iv) air pollution control equipment;

(v) water treatment systems;

(vi) the projected maximum time necessary for the treatment method to fully remediate contaminated soil; and

(vii) a detailed description of any additive to be used;

(C) a post-treatment sampling and analysis plan prepared by a qualified person in accordance with 18 AAC 75.355(b) to verify that the applicable cleanup levels have been met;

(D) provisions for complete containment of the contaminated soil before, during, and after treatment until the contaminated soil meets the applicable cleanup levels; alternatively, if the treatment process, such as landfarming or landspreading, will not contain the contaminated soil, the owner or operator of the offsite or portable treatment facility must demonstrate that there will be no uncontrolled leachate from the treatment area;

(E) for an offsite treatment facility classified as a Category C or Category D facility, as described in the department's Soil Treatment Facility Guidance, dated November 7, 2002, engineering plans and engineering record drawings for contaminated soil and water containment structures; the Soil Treatment Facility Guidance, dated November 7, 2002, is adopted by reference; and

(F) site monitoring procedures that will measure for secondary contamination at the treatment facility;

(2) if the facility is a Category C or a Category D facility, as described in the Soil Treatment Facility Guidance, submit the following to the department before the owner or operator accepts or treats contaminated soil:

(A) proof of a performance bond or other approved means of fiscal responsibility that will provide the department with a source of funds to clean up contaminated soils that have been received for treatment if the facility operator fails to treat the contaminated soils in accordance with this chapter; a performance bond must be executed by an insurance company licensed in the state and include a bond amount that will cover cleanup of the contaminated soils at the treatment facility; the bond shall be based on

(i) the quantity of contaminated soil allowed at the facility specified in the facility's approved operation plan; and

(ii) the cost per ton for treating contaminated soil at that facility location; and

(B) proof of pollution liability insurance that will provide the department with a source of funds to clean up secondary contamination at the facility property that is caused by the soil treatment facility during soil treatment operations;

(3) perform confirmation sampling of treated soil in accordance with a sampling and analysis plan approved under this subsection to verify that applicable cleanup levels have been met;

(4) submit to the department an assessment of background contamination at the facility before initial startup of the treatment facility; and

(5) submit to the department within 90 days after terminating operation of the treatment facility, a closure assessment demonstrating that secondary contamination did not occur at the facility; if secondary contamination did occur at the facility, the owner or operator of the portable treatment facility shall perform a cleanup of the contamination by in-situ or ex-situ treatment within two years after terminating operation.

(b) If the owner or operator of an offsite or portable treatment facility fails to process soils to the department's satisfaction in accordance with the plan approved under (a)(1) of this section, the department will withdraw its approval under (a)(1) of this section, and that person may not process or receive contaminated soil.

(1) "background contamination" means the concentration of a hazardous substance that is consistently present in the environment or in the vicinity of a site and that is naturally present or is the result of human activities unrelated to a discharge or release at the site;

(2) "engineering plans" means a set of plans approved and sealed by a registered engineer;

(3) "engineering record drawings" means the approved original plans prepared for construction and department approval under (a)(1) of this section, revised to reflect how the containment structure or system was constructed or installed, and sealed by a registered engineer;

(4) "facility" has the meaning given in AS 46.03.900 ; "facility" includes the land, structures, and equipment associated with treatment of contaminated soil;

(5) "offsite or portable treatment facility" has the meaning given in the Soil Treatment Facility Guidance, adopted by reference in (a)(1) of this section;

(6) "owner or operator" has the meaning given to "owner" and "operator" in AS 46.03.826 ;

(7) "performance bond" means a written agreement between the owner or operator and the department guaranteeing performance of the obligations covered by the agreement;

(8) "registered engineer" means a professional engineer registered to practice in the state under AS 08.48.

History: Eff. 1/22/99, Register 149; am 1/30/2003, Register 165

Authority: AS 46.03.020

Editor's note: The department's Soil Treatment Facility Guidance, adopted by reference in 18 AAC 78.273(a) (l), may be viewed at or requested from the department's offices in Anchorage, Fairbanks, Juneau, and Soldotna.

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