Section 18 AAC 60.008 - Beneficial use(a) A solid waste listed under 18 AAC 60.007(c) may be approved for use as structural fill. Any solid waste approved for use in a structural fill project must substitute for natural or raw materials that would otherwise be used and, if placed below the natural ground surface, must be placed at least five feet above the seasonal high water level of the uppermost aquifer. A structural fill project may be approved as a small project under (b) of this section or as a large project under (c) of this section. Any proposed large fill project for which the applicant cannot successfully demonstrate the required components under (c) of this section will be permitted as a non-municipal landfill under 18 AAC 60.200 - 18 AAC 60.270 and 18 AAC 60.400 - 18 AAC 60.490 using the requirements applicable to the solid waste that is used.(b) A structural fill project qualifies as a small fill project if the total volume of solid waste placed as fill material is less man 23,000 cubic yards. A proposal submitted for a small structural fill project must be on a form provided by the department and must include (1) an appraisal or assessment showing the current value of the property where solid waste will be placed and an estimate of the value the property will have after the project is complete;(2) proof of landowner consent for the proposed project or proof that the person proposing the project is the legal owner of the land on which the fill will be placed;(3) a list of each solid waste that will be placed at the site, including the expected volume and source of each waste type;(4) information documenting that each solid waste proposed for use will meet available and relevant product specifications, regulatory standards, or design standards;(5) an estimate of the total area on which solid waste will be placed as fill material;(6) a description of the purpose for the project and the proposed future use of the site;(7) an operations plan explaining where, how, when, and over what time period the solid waste will be placed on the land;(8) an estimate of the expected compaction density and load bearing capacity of the finished fill;(9) a list of each permit and approval issued or expected to be issued by government agencies other than the department;(10) a description of the material that will be used to cover the beneficially used solid waste at the completion of the project; and(11) construction drawings showing(A) the surface contours of the existing site; (B) the surface contours of the finished site;(C) the location and details for any proposed drainage ditches and culverts;(D) the location of any temporary or permanent road or ramp; and(E) any pavement, sewer, plumbing, or electrical installation on the site.(c) Except for the use of coal ash that under 18 AAC 60.007 is exempt from this section if the coal ash is used in roadway projects and mine reclamation projects, a structural fill project qualifies as a large fill project if the total volume of solid waste used is more than 23,000 cubic yards. A proposal for a large fill project must be submitted on a form provided by the department, must include the information and items required under (b) of this section, and must include (1) documentation that environmental releases to groundwater, surface water, soil, and air from each solid waste proposed for use will not exceed releases from each natural or raw material replaced by the solid waste, or will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors; and(2) copies of analytical results from a sample of each solid waste proposed for use; the analytical results must document current values for volatile organic compounds and metals using EPA Method 1312, Synthetic Precipitation Leaching Procedure, revised as of September 1994 and adopted by reference, and any other parameters requested by the department.(d) If a large structural fill project will require more than one year to complete, the department may require the applicant to analyze, once each year for the duration of the project, each solid waste that will be used as fill. The applicant must(1) analyze each sample in accordance with (c)(2) of this section; and(2) submit to the department a statistical comparison of the recent results and the analytical data on which the documentation provided under (c)(1) of this section was based.(e) The department will approve a proposal for a structural fill project under (b) or (c) of this section not later than 30 working days after receipt of a complete proposal if each solid waste to be used may be beneficially used under 18 AAC 60.007(e) and is not prohibited under 18 AAC 60.007(d), the person requesting permission has submitted the information required under (b) or (c) of this section as applicable, the department finds that each proposed solid waste is suitable for the proposed use, and the department finds that the proposed beneficial use of solid waste will (1) increase the market value of the property;(2) meet available and relevant product specifications, regulatory standards, or design standards;(3) not shift, erode, or settle in a way that will preclude the proposed future use of the site;(4) not create any harmful leachate;(5) not undergo combustion; and(6) not cause a threat to public health, safety, or welfare, or to the environment.(f) Any solid waste used in an approved structural fill project under this section must, at the conclusion of the project, be entirely covered by at least six inches of an earthen material exempt from regulation under this chapter. Alternative cover materials, including asphalt or concrete pavement, may be used only with prior approval of the department. A request for prior approval must include documentation that the solid waste is a suitable base for the proposed cover material.(g) A person authorized to use solid waste as fill under this section shall take corrective action for any violation of state statutes or regulations pertaining to water quality, air quality, public or private nuisances, and solid waste management that is caused by the mismanagement of the solid waste used as fill. Click here to view image
Eff. 9/7/2002, Register 163; am 10/27/2017,Register 224, January 2018Authority: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