Section 18.75.315. Initial response actions.

	(a)  A responsible person shall investigate, contain, and perform a cleanup of a sudden or recent discharge or release of a hazardous substance  
		(1) in consultation the department, upon notification of a discharge or release under 18 AAC 75.300;  
		(2) in a manner that does not result in a significantly greater overall threat or damage to human health, safety, or welfare, or to the environment than another alternative, including taking no action; and  
		(3) until the lowest practicable level of contamination is achieved under (c) of this section.  
	(b)  A person who is not a responsible person and who undertakes a initial response action at a site subject to this section shall comply with this section and 18 AAC 75.320.  
	(c)  For containment and cleanup under this section, the department will determine the lowest practicable level of contamination based on  
		(1) protection of human health, safety, and welfare, and of the environment;  
		(2) the nature and toxicity of the hazardous substance, including amount and concentration;  
		(3) hydrogeological and climatological factors;  
		(4) the extent to which the hazardous substance has migrated, or is likely to migrate, from the area of original contamination if the hazardous substance remains onsite;  
		(5) the natural dispersion, attenuation, or degradation of the contamination;  
		(6) the extent to which residual soil contamination exceeds the cleanup levels in 18 AAC 75.340 and 18 AAC 75.341;  
		(7) the extent to which groundwater contamination exceeds the groundwater cleanup levels in 18 AAC 75.345;  
		(8) the current and future use of the groundwater under 18 AAC 75.350; and  
		(9) the need for an interim removal action under 18 AAC 75.330.  
	(d)  If the department determines that the lowest practicable level of contamination has been achieved under this section, a responsible person is not required to perform additional containment or cleanup. The department will base a determination under this section on the most current and complete information available to the department. The department will require a responsible person to perform additional containment or cleanup if subsequent information indicates that  
		(1) the level of contamination that remains does not protect human health, safety, or welfare, or the environment; or  
		(2) the information the department relied upon was invalid, incomplete, or fraudulent.  

Authorities

46.03.020;46.03.050;46.03.710;46.03.740;46.03.745;46.04.020;46.04.070;46.09.020

Notes

Reference

18 AAC 75.310
18 AAC 75.320

Authority

AS 46.03.020 AS 46.03.050 AS 46.03.710 AS 46.03.740 AS 46.03.745 AS 46.04.020 AS 46.04.070 AS 46.09.020

History

Eff. 1/22/99, Register 149