Section 18 AAC 75.360 - Cleanup operation requirementsA responsible person shall ensure that site cleanup is conducted or supervised by a qualified environmental professional. A responsible person shall submit each of the following elements for approval before work on that element begins, and for additional approval if a modification to an element is anticipated:
(1) a schedule for conducting field work, monitoring, cleanup, and submittal of interim and final cleanup reports;(2) a sampling and analysis plan that meets the requirements of 18 AAC 75.355;(3) a waste management plan for handling, transporting and disposing of a investigation-derived wastes, including (A) purged water from a boring or monitoring well;(B) cuttings, mud, and other wastes from well or boring installation and development; and(C) contaminated equipment and materials;(4) a cleanup plan that includes(A) provisions for the cleanup of soil and groundwater contaminated at levels exceeding the applicable cleanup levels determined under the site cleanup rules;(B) detailed specifications for each cleanup technique that the department has approved under 18 AAC 75.335(c) - (d);(C) provisions for minimizing hazardous substance migration to previously unaffected areas;(D) provisions for transporting contaminated soil as a covered load in compliance with 18 AAC 60.015; and(E) provisions for the disposal of contaminated soil and groundwater, including the location and method of disposal;(5) a list of chemical additives proposed for use and their potential effects on (A) the hazardous substances at the site; and(B) human health, safety, and welfare, and the environment;(6) a site control plan, if necessary to protect human health, safety, or welfare, or the environment, including engineering measures, such as the installation of caps and liners, and provisions for restricting access, such as the use of fences, signs, or other barriers;(7) a demonstration that site work and the cleanup action will comply with the air quality standards and requirements of 18 AAC 50;(8) a plan for ensuring that contaminated soil does not come in contact with uncontaminated soil during the cleanup process, except under an approved cleanup plan under this subsection or an approved operations plan under 18 AAC 75.365;(9) a nondomestic wastewater system plan under 18 AAC 72.600, if the cleanup operation requires construction, alteration, installation, modification, or operation of a nondomestic wastewater treatment works or disposal system;(10) the additional elements required under 18 AAC 75.365, as applicable;(11) for ex-situ cleanup techniques, (A) provisions for containment and handling of leachate, if leachate is produced;(B) provisions for storing contaminated soil in compliance with the requirements of 18 AAC 75.370;(C) if using a hot asphalt batch plant, written certification by a registered engineer that processes incorporating contaminated soils meet current industry standards for asphalt paving;(D) if combining contaminated soil with asphalt for the purpose of cold asphalt recycling (i) a pavement structure design study for incorporating the excavated material; the study must be certified by a registered engineer; and(ii) the leaching assessment or model proposed for use in determining hazardous substance migration; and(iii) results of the approved hazardous substance leaching assessment or model, referenced under (ii) of this subparagraph; those results must demonstrate that hazardous substance concentrations in the soil will not migrate;(E) if using bioremediation, a detailed description of(i) cultured microbes, unless using an indigenous microbe population;(ii) electron acceptor and nutrient source for microbes;(iii) the expected rate of biodegration;(iv) intermediate and final breakdown products;(v) type and amount of contamination;(vi) any potential adverse effect on human health, safety, or welfare, or on the environment; and(vii) other information requested by the department; the department will request additional information if the department determines that the information is necessary to ensure protection of human health, safety, or welfare, or of the environment;(F) if using solidification, a solidification report that includes (i) a demonstration that hazardous substance concentrations in the solidified material will not migrate;(ii) results of structural testing on the solidified material to demonstrate that the solidified material has an unconfined compressive strength of 2,000 psi or more after 28 days;(iii) results of leachability testing of the solidified material; and(iv) specifications for the ratio of the mass of contaminated soil to the mass of reagent;(G) if using soil contaminated with petroleum hydrocarbons or metals as a base for a physical barrier,(i) a demonstration that the contaminated soil that is used for the base will be blended with uncontaminated soil only if necessary to meet design specifications;(ii) a physical barrier design study, certified by a registered engineer;(iii) the leaching assessment or model proposed for use in determining hazardous substance migration;(iv) results of the approved leaching assessment or model referenced under (iii) of this subparagraph; those results must demonstrate that hazardous substance concentrations in the soil will not migrate;(v) a demonstration that the base for a physical barrier will use no more than 18 vertical inches of material containing contaminated soil;(vi) a demonstration that the contaminated zone will be compacted to 95 percent or more of the maximum density as specified in American Society for Testing and Materials (ASTM) D 1557-07, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort,updated November 2007 and adopted by reference, or ASTM D 4253-00, Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table,updated March 2006 and adopted by reference;(vii) a demonstration that the material containing contaminated soil will be placed in a zone directly beneath the final base course with at least 18 inches of impervious pavement extending beyond the horizontal limit of the material containing contaminated soil;(viii) a demonstration that at least six feet will separate the seasonal high groundwater point from the lowest point of material containing contaminated soil; and(ix) as-built drawings, certified by a registered engineer, that show the final location of material containing contaminated soil; and(12) for in-situ cleanup techniques, (A) a site monitoring plan showing proposed locations of monitoring wells;(B) a hydrogeologic description of the site, including (i) soil and sediments present;(iii) aquifer characteristics, including groundwater gradient, confining layers, perched water, permeability, and aquifer transmissivity;(iv) percolation rates from precipitation; and(v) other relevant factors;(C) results of hydrogeologic modeling performed to address capture zones, effects of hydraulic loading, and plume migration; and(D) if using bioremediation, a demonstration of compliance with (11)(E) of this section.Eff. 1/22/99, Register 149; am 10/9/2008, Register 188; am 6/17/2015, Register 214, July 2015The ASTM methods adopted by reference in 18 AAC 75.360 may be reviewed at the department's Anchorage, Fairbanks, Juneau, and Soldotna offices, and may be obtained from ASTM International, Publications Department, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959; telephone (610) 832-9585; fax (610) 832-9555.
As of Register 204 (January 2013), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 75.360(4).
Authority:AS 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.740
AS 46.03.745
AS 46.03.822
AS 46.04.020
AS 46.04.070
AS 46.09.020