18 AAC 78.930 - Waivers or modifications

(a) Except as provided in (b) of this section, and if the department determines that a waiver or modification will be protective of human health and safety, and of the environment, the department will waive or modify the site characterization, site assessment, investigation, corrective action, or cleanup level provisions of this chapter based on a review of release quantity and quality, soil and groundwater conditions, surface waters and topography, geology, water and land uses, construction methods and materials, and any other environmental factor important to the evaluation. A person seeking a waiver or modification of a provision of this chapter under this section shall submit a written report to justify the request, and to demonstrate that the waiver or modification is protective of human health and safety, and of the environment. A qualified environmental professional shall prepare and sign the report submitted under this section.

(b) For purposes of this chapter, the department will waive on a site-specific basis the requirement in 18 AAC 78.088(b)(1) that a qualified environmental professional be an impartial third party or the requirement in 18 AAC 78.088(c)(1) that a qualified sampler be an impartial third party if

(1) a person

(A) who seeks a waiver from 18 AAC 78.088(b)(1) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 78.088(b)(2) - (5);

(B) who seeks a waiver from 18 AAC 78.088(c)(1) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 78.088(c)(2) - (5); and

(C) submits

(i) a written request for a waiver;

(ii) the resume or the person qualified to conduct or supervise the work to be performed, showing relevant education, vocational training, related work experience, and any special training, license, certificate, or registration held by that person; and

(iii) a description of the supervisory and organizational structure related to the person identified in (ii) of this subparagraph; and

(2) the department determines that a waiver is protective of human health, safety, and welfare, and of the environment, and that strict compliance with the impartial third party requirement is not practicable.

Notes

18 AAC 78.930

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 6/17/2015, Register 214, July 2015

Authority:AS 46.03.020

AS 46.03.365

AS 46.03.375