18 AAC 60.200 - Permit requirement

Current through September 28, 2021

(a) Except as otherwise provided in this section, a person may treat or dispose of solid waste, or construct, modify, or operate a solid waste facility only in accordance with a waste disposal permit issued by the department under 18 AAC 60.215, an authorization under (c), (d), or (e) of this section, or a research, development, and demonstration permit issued under 18 AAC 60.213. However, a permit or authorization under this chapter is not required for
(1) a single-family or duplex residence or a farm where solid waste is generated and disposed of on the premises;
(2) the closure of an inactive reserve pit, solid waste facility, or dump;
(3) disposal that is governed by a permit issued under 18 AAC 72.010, 18 AAC 72.210, or an approved contaminated site cleanup plan under 18 AAC 75 or 18 AAC 78;
(4) disposal that is governed by a permit issued under 18 AAC 62 or under 40 C.F.R. Part 264 or 40 C.F.R. Part 265, revised as of July 1, 1998, adopted by reference;
(5) disposal under an underground injection permit issued under 42 U.S.C. 300h-4 (Safe Drinking Water Act);
(6) a person who transports solid waste to an approved facility;
(7) a facility that is used only for the disposal of material and waste exempted by 18 AAC 60.005(c);
(8) a transfer station, except one that is located at a facility otherwise subject to this section;
(9) a reuse, recycling, or resource recovery facility unless the department determines that the facility is causing or is likely to cause excessive odor or other problems such as combustion, blowing litter, water quality degradation, or vermin attraction;
(10) a solid waste treatment works or a solid waste treatment facility that is designed to treat less than five tons of waste daily, unless the treatment works or facility
(A) treats sewage solids or septagc to create biosolitls;
(B) treats medical waste, and is not contained with in a hospital, medical office, laboratory, or other medical or research institution treating medical waste;
(C) treats drilling waste;
(D) treats a waste with characteristics similar to a waste described in (A), (B), or (C) of this paragraph, as determined by the department; or
(E) causes or contributes to a threat to public health, safety, or welfare, or the environment, or is operated in a manner that causes or contributes to a nuisance;
(11) drilling, trenching, and other activities described in AS 46.03.100(f) that are not subject to the permit requirements of AS 46.03.100;
(12) animal or fish waste disposed under 18 AAC 60.010(d) or (e);
(13) polluted soil that is polluted only because of a naturally occurring metal if the soil is returned to the location where the soil was excavated or taken to another area with an equal or greater concentration of the same metal;
(14) storage of drilling waste under 18 AAC 60.430;
(15) solid waste approved for use in a small or large structural fill project under 18 AAC 60.008; or
(16) solid waste approved for beneficial use as an ingredient in a manufactured product under 18 AAC 60.009;
(17) repealed 10/27/2017.
(b) If the department certifies an activity under 33 U.S.C. 1344 (Clean Water Act, section 404) and attaches conditions to that certification, and if the department decides that certification may be substituted for a permit required under this chapter, the department will enforce the terms and conditions of the certification in the same way it would require compliance with a permit issued under this chapter for the same activity.
(c) The department will authorize the disposal of municipal solid waste in a Class III MSWLF meeting the requirements of 18 AAC 60.300(c) (3)(B), if
(1) the landfill serves an average daily population of fewer than 50 persons;
(2) the landfill is sited and operated in accordance with the requirements of this chapter;
(3) the owner or operator of the landfill
(A) submits for department review a completed authorization request form provided by the department and any other information that the department considers necessary to ensure that the landfill is sited and operated in accordance with the requirements of this chapter; and
(B) receives written notice from the department that the authorization request has been approved; and
(4) not later than 30 days before the end of each five-year period after the date of a previous authorization under this subsection, the owner or operator of the landfill confirms continued eligibility under (1) and (2) of this subsection by submitting the information that the department requests for that purpose.
(d) The department will authorize the disposal of solid waste in a one-time-use landfill, if
(1) the proposed location meets the requirements of 18 AAC 60.410;
(2) the proposed one-time-use landfill is associated with a project located in an area
(A) that does not have year-round ground access to a system of connected roads with a total length of 100 miles or more; or
(B) where all permitted landfills are more than 100 road miles away or have refused, in writing, to accept the waste;
(3) the owner or operator of the one-time-use landfill
(A) submits for department review a completed authorization request form provided by the department; on the form, the owner or operator must agree to open, operate, and close the landfill in accordance with
(i) the applicable provisions of 18 AAC 60.400 - 18 AAC 60.490 for the specific waste type; and
(ii) any other conditions that the department requires to ensure the protection of the public health, safety, and welfare and the environment;
(B) provides documentation to the department that the landowner consents to the proposed activity; and
(C) receives written notice from the department that the authorization request has been approved;
(4) of the following solid waste types, the proposed landfill will receive only one single type at not more than the listed volume:
(A) 1,000 cubic yards of inert waste;
(B) 250 cubic yards of regulated asbestos-containing materials;
(C) 1,000 cubic yards of domestic sewage solids;
(D) an approved volume of any other solid waste that the department considers to pose a low risk to the environment; and
(5) the one-time-use landfill will be closed not later than one year from the date of initial waste disposal indicated in the authorization request, unless the owner or operator
(A) requests a longer term;
(B) demonstrates that a longer term is necessary to the project; and
(C) receives written approval of the longer term from the department.
(e)The department will issue a written authorization for a treatment works that will operate for less than one year if
(1) the owner or operator of the treatment works submits for department review a plan of operations that demonstrates
(A) that waste will be properly contained to prevent the release of any hazardous constituents;
(B) that the treatment will effectively reduce the volume or toxicity or change the characteristics of the waste to make the waste suitable for reuse or disposal;
(C) that the treatment works will prevent or control run-off that would violate the water quality standards of 18 AAC 70;
(D) that the treatment works will be managed so that the standards for disease vectors and animal control in 18 AAC 60,230 are met;
(E) that the treatment works will be operated to prevent odors, dust, and other nuisances;
(F) how treated wastes will be managed, handled, and stored until reused or disposed, and how treated wastes will be transported to the reuse or disposal facility;
(G) that the treatment works and all waste will be completely removed not later than one year after the date of the authorization; and
(H) that the plan addresses any other conditions that the department requires to ensure the protection of the public health, safety, and welfare and the environment; and
(2) the owner or operator of the treatment works provides documentation to the department that the landowner consents to the proposed activity.

Notes

18 AAC 60.200
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/12/2013, Register 206; am 10/27/2017,Register 224, January 2018

Authority: AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.100

AS 46.03.800

AS 46.03.810

AS 46.06.010

AS 46.06.080

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