18 AAC 60.005 - Purpose and applicability
(a) The purpose of
this chapter is to promote cost-effective, environmentally-sound solid waste
management and to ensure that landfills are designed, built, and operated to
minimize health and safety threats, pollution, and nuisances. Each type of
solid waste that is disposed in a landfill must be placed only in a landfill
that meets the standards for that type of waste.
(b) Except as described in (c) of this
section, this chapter applies to any person who accumulates, stores,
transports, treats, or disposes of solid waste. The general requirements of
18 AAC 60.005 -
18 AAC 60.265 and
18 AAC 60.800 -
18 AAC 60.860 supplement the
specific requirements for
(c) The following wastes and
materials, if disposed of or used as described in this subsection, are exempt
from the requirements of this chapter unless mixed with nonexempt waste, there
is a public health, safety, or welfare threat or environmental problem
associated with management of the waste or material, or the waste or material
is being managed in a manner that causes or contributes to a nuisance:
(1) landclearing waste, including excavated
dirt, rock, soil, butt ends, stumps, and other similar waste;
(2) tree limbs and other foliage or woody
debris, sometimes referred to as "slash," in a timber harvest area;
(3) bricks, mortar, and Portland cement type
concrete, including reinforcing steel that cannot be easily removed;
(4) crumb rubber used in asphalt
paving;
(5) crushed
glass;
(6) domestic wastewater,
nondomestic wastewater, and other wastes that are subject to a permit under AS
46.03, 18 AAC 72, or 33
U.S.C. 1342 (Federal Water Pollution Control
Act, sec. 402), as amended through August 21, 1998;
(7) septage or septic tank pumpings that
contain less than five percent solids by weight regulated under 18 AAC
72;
(8) waste rock from a mining
operation;
(9) tailings from placer
mining that have not been amalgamated or chemically treated; other mine
tailings are regulated under
18 AAC 60.455;
(10) mining waste regulated by the Federal
Surface Mining Control and Reclamation Act of 1977,
30 U.S.C.
1201 -
30 U.S.C.
1328, as amended through August 21, 1998, and
by the Alaska Surface Coal Mining Control and Reclamation Act (AS 27.21), as
amended through August 21, 1998;
(11) wood waste generated in amounts less
than 10 cubic yards yearly, or in larger amounts if the conditions listed in
this paragraph are met; wood waste that does not meet these conditions is
regulated under
18 AAC 60.005 -
18 AAC 60.265,
18 AAC 60.480, and
18 AAC 60.800 -
18 AAC 60.990; the conditions that
must be met are, as follows:
(A) the wood
waste is used to construct roads, building pads, or parking areas;
(B) the use of wood will not diminish the
life span or capabilities of the project when compared with other materials
typically used in such projects;
(C) the project complies with the water
quality standards in 18 AAC 70; and
(D) the wood waste in the project is no more
than 10 feet thick at any location;
(12) source, special nuclear, or byproduct
material is defined in 42
U.S.C. 2014 (Atomic Energy Act), as amended
through August 21, 1998;
(13)
crushed asphalt pavement used
(A) in a
building pad or parking area as road base or pavement;
(B) as a material to construct a containment
berm for a tank farm; or
(14) any treated waste allowed by the
department to be managed as exempt waste under
18 AAC
60.005(e);
(15) soil containing a hazardous substance
that does not meet the definition of "polluted soil" in
18 AAC 60.990;
(16) other solid wastes and materials that
are placed on the land and that are approved for use in a small or large
structural fill project under
18 AAC 60.008.
(d) A treatment works designed to
treat less than five tons of waste daily or 10 tons in a single batch is exempt
from the requirements of this chapter unless the treatment works
(1) treats
(A) medical waste;
(B) drilling waste;
(C) sewage solids or septage to create
biosolids; or
(D) a waste with
characteristics similar to medical waste, sewage solids, or drilling waste, as
determined by the department;
(2) causes or contributes to a threat to
public health, safety, or welfare, or the environment; or
(3) is operated in a manner that causes or
contributes to a nuisance.
(e) If a person treats a waste and
demonstrates to the department's satisfaction that the potential for a release
of hazardous constituents is eliminated by the treatment and the treated waste
will not present a threat to the public health, safety, or welfare or to the
environment, the department will allow the treated waste to be managed as an
inert waste under
18 AAC 60.460 or an exempt waste
under (c) of this section. The operator of the treatment works must
(1) secure the approval of the department
before handling the waste as inert or exempt under this subsection;
and
(2) keep records demonstrating
that all waste managed under this subsection was treated in the manner on which
the approval was based.
Notes
Authority: AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.810
AS 46.06.080
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