18 AAC 60.010 - Accumulation, storage, and treatment

(a) A person may not store accumulated solid waste in a manner that causes

(1) a litter violation under 18 AAC 64.015;

(2) the attraction or access of domestic animals, wildlife, or disease vectors;

(3) a health hazard; or

(4) polluted run-off water.

(b) A person who sponsors an event that is open to the public and at which solid waste is generated shall

(1) collect, store, transport, and dispose of the solid waste at a solid waste disposal facility that has a permit or is otherwise authorized under this chapter; or

(2) make contractual or other arrangements for the proper collection, storage, transportation, and disposal of that waste at a solid waste disposal facility that has a permit or is otherwise authorized under this chapter.

(c) A person who has made contractual or other arrangements for the collection, storage, transportation, and treatment of solid waste is not relieved of the responsibility for that waste if the contractor fails to manage the waste in compliance with this section.

(d) A person shall dispose of a carcass

(1) of livestock, including poultry, infected with a communicable disease, only if authorized by the state veterinarian and in accordance with 9 C.F.R. 53.4, revised as of January 1, 1998, adopted by reference;

(2) of any animal not described in (1) of this subsection, other than open range livestock, unless the carcass is used as food for humans or animals,

(A) at a landfill that operates in accordance with a permit issued under this chapter;

(B) by cremation or incineration in an incinerator that complies with 18 AAC 50; or

(C) by burial on land, with the landowner's permission; and

(3) of any animal not disposed under (1) or (2) of this subsection that the department determines is causing a nuisance or threat to the public health, safety, or welfare or to the environment, by one of the methods set out in (2) of this subsection.

(e) Subject to 18 AAC 60.040(b), a person who wishes to dispose of organic waste from a commercial slaughterhouse or fish processing waste may apply that waste to agricultural or silvicultural land for soil enhancement purposes if the waste is

(1) ground to less than two inches in diameter;

(2) treated by a method described in 40 C.F.R. 503.15, revised as of July 1, 1997, adopted by reference, to reduce the number of salmonella spp. or fecal coliform bacteria present to meet the Class A requirements for pathogen reduction at the time of land application;

(3) incorporated into the soil surface when the waste is applied;

(4) applied at or below the agronomic rate for nitrogen for any crop or vegetation that will be grown on that land;

(5) applied in a manner that does not create an odor nuisance or attract animals or other vectors; and

(6) applied in a manner that ensures that run-off of surface water from the disposal site does not violate the water quality standards in 18 AAC 70.

(f) The owner or operator of a transfer station designed to hold 20 cubic yards or more of waste shall

(1) use containers with covers, fencing, or another department-approved method to prevent wind and animals from scattering the waste;

(2) pick up litter as necessary to prevent a violation of AS 46.06.080;

(3) manage the site so that the standards in 18 AAC 60.230 for disease vectors and animal control are met; and

(4) prevent or control run-off that would violate 18 AAC 70.

(g) If the department finds that a transfer station that is not part of a facility holding a permit under this chapter is causing a nuisance or a risk to public health or safety or to the environment, the department will require the operator to submit a facility design and operating plan explaining how the operator will

(1) meet the requirements of (f) of this section;

(2) conduct operations to prevent a fire at the transfer station;

(3) promptly extinguish any fire that occurs;

(4) control odor and dust as necessary to prevent a public nuisance;

(5) provide safe public access to the facility as necessary;

(6) manage hazardous waste abandoned by others at the facility; and

(7) prevent or control run-off that would violate 18 AAC 70.

(h) Except as provided for drilling waste in 18 AAC 60.430, if the department finds that a facility used to store more than 50 tons of materials for reuse, recycling, or resource recovery, or more than 50 tons of solid waste before disposal, is causing or contributing to a nuisance or poses a risk to public health, safety, or welfare, or to the environment, the department will require the operator to meet one or more of the following requirements:

(1) provide proof to the department that the landowner has consented to the waste storage activity, unless the operator owns the property;

(2) remove the materials from the facility or store materials at the facility for no more than one year;

(3) use containers with covers, fencing, or another department-approved method to prevent litter;

(4) pick up litter as necessary to prevent a violation of AS 46.06.080;

(5) manage the facility so that the standards in 18 AAC 60.230 for disease vectors and animal control are met;

(6) prevent fire at the facility;

(7) promptly extinguish any fire that occurs;

(8) prevent or control run-off that would violate 18 AAC 70;

(9) control odors, noise, and dust as necessary to prevent a nuisance;

(10) provide safe public access to the facility as necessary;

(11) manage hazardous waste abandoned by others at the facility;

(12) monitor the temperature of waste piles to detect combustion;

(13) take other appropriate action; and

(14) repealed 9/7/2002.

(i) The owner or operator of a solid waste treatment works that is not exempt under 18 AAC 60.005(d), and that is not located within the boundaries of a permitted landfill shall

(1) use containers with covers, fencing, or any other short-term, department-approved storage method to prevent wind and animals from scattering the waste;

(2) pick up litter as necessary to prevent a violation of AS 46.06.080;

(3) manage the treatment works so that the standards in 18 AAC 60.230 for disease vectors and animal control are met;

(4) control odors as necessary to prevent a public nuisance;

(5) prevent or control run-off that would violate 18 AAC 70;

(6) prevent fire at the treatment works;

(7) promptly extinguish any fire that occurs;

(8) provide safe public access to the site as necessary;

(9) control dust;

(10) manage hazardous waste abandoned by others at the treatment works; and

(11) take other appropriate action.

(j) The department will require corrective action as necessary at a facility regulated under this section if there is reason to believe that the water quality standards in 18 AAC 70 have been violated or if conditions at the facility are likely to result in harm to public health or the environment.

Notes

18 AAC 60.010

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 10/27/2017,Register 224, January 2018

As of Register 195 (October 2010), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 60.010(j).

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