Section 18.75.350. Groundwater use.

Subject to 18 AAC 75.345(c), groundwater at the site is considered to be a drinking water source unless a responsible person demonstrates or the department determines that  
		(1) the groundwater is not  
			(A) used for a private or public drinking water system;  
			(B) within the zone of contribution of an active private or public drinking water system; or  
			(C) within a recharge area for a private or public drinking water well, a wellhead protection area, or a sole source aquifer;  
		(2) the groundwater is not a reasonably expected potential future source of drinking water, based on an evaluation of  
			(A) the availability of the groundwater as a drinking water source, including depth to groundwater, the storativity and transmissivity of the aquifer, the presence of permafrost, and other relevant information;  
			(B) actual or potential quality of the groundwater, including organic and inorganic substances, and as affected by background, saltwater intrusion, and known or existing areawide contamination;  
			(C) the existence and enforceability of institutional controls described in 18 AAC 75.375 or municipal ordinances or comprehensive plans that prohibit or limit access to the groundwater for use as drinking water;  
			(D) land use of the site and neighboring property, using the factors in EPA's Land Use in the CERCLA Remedy Selection Process, adopted by reference in 18 AAC 75.340;  
			(E) the need for a drinking water source and the availability of an alternative source; and  
			(F) whether the groundwater is exempt under 40 C.F.R. 146.4, revised as of July 1, 1997, and adopted by reference; and  
		(3) the groundwater affected by the hazardous substance will not be transported to groundwater that is a source of drinking water, or that is a reasonably expected potential future source of drinking water, in concentrations in the receiving groundwater that exceed the groundwater cleanup levels; in reviewing the demonstration required under this paragraph, the department will consider  
			(A) the areal extent of the affected groundwater;  
			(B) the distance to any existing or reasonably anticipated future water supply well;  
			(C) the likelihood of an aquifer connection due to well construction practices in the area where the site is located;  
			(D) the physical and chemical characteristics of the hazardous substance;  
			(E) the hydrogeological characteristics of the site;  
			(F) the presence of discontinuities in the affected geologic stratum at the site;  
			(G) the local climate;  
			(H) the degree of confidence in any predictive modeling performed; and  
			(I) other relevant information; the department will request additional information if the department determines that the information is necessary to protect human health, safety, or welfare, or the environment.  

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 75.315
18 AAC 75.325
18 AAC 75.345

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; am 8/27/2000, Register 155