Section 18.63.040. Location requirements.

	(a)  The active portion of a hazardous waste management facility that is not subject to the provisions of (e) of this section must meet the applicable setback distance in Table I of this subsection with regard to nearby land use. To meet the setback requirements, the mean annual high water, high lake level, or high stream flow must be used to locate the boundary of the surface water.  
                                   TABLE I
                   Minimum Setback Requirements (in meters)
SITING CRITERIA                 TYPE OF FACILITY
                                                Land Disposal
                  Storage or Incineration       or Undergound
                   Treatment                   Injection Well
Any property
line                  25          150                500
Any public
right-of-way          50          200                500
Any surface
waters                75          250                750
Water supply
point of
withdrawal            150        1,500              3,000
The department will, in its discretion, require a greater
setback distance for a facility if necessary to protect public
health. Upon request by the applicant, and a determination by
the department that no risk to public health will result, the
department will, in its discretion, waive the setback
requirement for lakes smaller than 10 hectares and streams with
a flow rate of one-half cubic meter per second or less.
	(b)  A hazardous waste management facility that is not described in Table I must meet the setback requirement for a storage or treatment facility. A facility that includes a combination of operational units must meet the most stringent setback requirement applicable to any unit in the combination.  
	(c)  No hazardous waste management facility may be located closer than 100 meters to  
		(1) a critical habitat area, state game refuge, state game sanctuary, state range area, or state wildlife reserve designated under state law;  
		(2) a critical habitat area designated by the federal government under 16 U.S.C. 1531 - 1543 (the Endangered Species Act of 1973);  
		(3) an area subject to high risks from seismic or volcanic activity, steep inclines, ice-affected coasts, floods, tsunamis, or avalanches, unless the facility is designed to withstand the 100-year maximum probable seismic, volcanic, or flooding event, and to prevent release of hazardous substances; the maximum probable seismic, volcanic, or flooding event must be determined within the 99 percent confidence interval;  
		(4) a national wildlife refuge, national monument, or national park;  
		(5) a wild and scenic river established under 16 U.S.C. 1271 - 1287; or  
		(6) a sole-source aquifer designated under 42 U.S.C. 300h-3 (sec. 1424 of the Safe Drinking Water Act; (Public Law 93-523)).  
	(d)  No person may construct a hazardous waste land facility, or a chemical waste landfill, so that the active or closed portions are in wetlands.  
	(e)  A temporary facility operating in remedial response to a release of a hazardous substance, hazardous waste, PCBs, or PCB Items, need not comply with the requirements of this section unless the department determines that a setback is necessary to protect public health.  

Authorities

46.03.020;46.03.313

Notes

Reference

18 AAC 63.030
18 AAC 63.500

Authority

AS 46.03.020 AS 46.03.313

History

Eff. 3/31/89, Register 109