Section 18.75.390. Waiver or modification.

	(a)  Except as provided in (b) of this section, and if the department determines that a waiver or modification will be protective of human health, safety, and welfare, and of the environment, the department will waive or modify the site cleanup rules based on a review of the quantity or concentration of the discharge or release, soil and groundwater conditions, surface water and topography, geology, water and land use, construction methods and materials, and any other human health or environmental factor important to the evaluation. A responsible person seeking a waiver or modification of a provision of the site cleanup rules under this section shall submit a written report to justify the request and to demonstrate that the waiver or modification is protective of human health, safety, and welfare, and of the environment. A qualified environmental professional shall prepare and sign the report submitted under this section.  
	(b)  For purposes of the site cleanup rules, the department will waive on a site-specific basis the requirement in 18 AAC 75.333(b)(l) that a qualified environmental professional be an impartial third party or the requirement in 18 AAC 75.333(c)(1) that a qualified sampler be an impartial third party if  
		(1) a responsible person, or if the waiver is for an offsite or portable treatment facility under 18 AAC 75.365, a responsible person, owner, or operator  
			(A) who seeks a waiver from 18 AAC 75.333(b)(l) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 75.333(b)(2) - (5);  
			(B) who seeks a waiver from 18 AAC 75.333(c)(1) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 75.333(c)(2) - (5); and  
			(C) submits  
				(i) a written request for a waiver;  
				(ii) the resume of the person qualified to conduct or supervise the work to be performed, showing relevant education, vocational training, related work experience, and any special training, license, certificate, or registration held by that person; and  
				(iii) a description of the supervisory and organizational structure related to the person identified in (ii) of this subparagraph; and  
		(2) the department determines that a waiver is protective of human health, safety, and welfare, and of the environment, and that strict compliance with the impartial third party requirement is not practicable.  

Authorities

46.03.020;46.03.050;46.03.710;46.03.745;46.03.755;46.04.070;46.09.010;46.09.020

Notes

Reference

18 AAC 70.005
18 AAC 75.310
18 AAC 75.325
18 AAC 75.333
18 AAC 75.396
18 AAC 75.910
18 AAC 75.990

Authority

AS 46.03.020 AS 46.03.050 AS 46.03.710 AS 46.03.745 AS 46.03.755 AS 46.04.070 AS 46.09.010 AS 46.09.020

History

Eff. 1/22/99, Register 149; am 6/17/2015, Register 214