Section 18 AAC 60.440 - Closure of inactive reserve pits(a) An inactive reserve pit must be closed in accordance with this section unless the pit was previously closed under approval from the department.(b) For an inactive reserve pit that is discovered on or after October 27, 2017 the owner or operator of an inactive reserve pit shall submit a closure plan to the department that includes (1) specific location data, including global positioning system (GPS) coordinates of the four corners of the reserve pit,(2) a map showing all surface water within 1,000 feet of the inactive reserve pit;(3) a detailed description or photographs demonstrating the existing site conditions and indicating any potential exposed drilling waste, ponding, or signs of ponding within the boundaries of the inactive reserve pit;(4) analytical data, including parameters specified by the department, for surface water located within 1,000 feet of the inactive reserve pit, including any surface water within the inactive reserve pit; and(5) a proposal to either (A) perform a corrective action under (c) and (d) of this section; or(B) if no water is present within the reserve pit and no drilling waste is evident on the surface at the site, request permanent closure of the inactive reserve pit under (e) of this section.(c) The owner or operator of an inactive reserve pit for which corrective action is required shall submit a plan to the department at least 90 days before the proposed initiation of the corrective action. The plan must include (1) a description of the proposed corrective action and the overall project goals;(2) a map that shows each location of each inactive reserve pit that will be included in the corrective action;(3) a detailed description of the existing site conditions and inactive reserve pit conditions and any previous monitoring results;(4) plan view and cross-sectional drawings that clearly show how the corrective action will be conducted;(5) a description of soil and water sampling that will be conducted in support of the corrective action; and(6) an estimate of the timeframe under which the corrective action will be performed.(d) The owner or operator may not initiate corrective action until die department has approved the corrective action plan.(e) The department may issue permanent closure approval for an inactive reserve pit if (1) the owner or operator demonstrates, to the satisfaction of the department, that the inactive reserve pit does not pose any risk to public health or the environment; or(2) the corrective action plan under (c) of this section is implemented and the action is demonstrated to the satisfaction of the department to eliminate, mitigate, or abate the risk to public health and the environment present at the site.(f) If the owner or operator seeking permanent closure approval is not the landowner of record, the owner or operator shall provide proof that the landowner has been notified of the request for permanent closure approval.(g) If conditions at an inactive reserve pit closed under (c) of this section change in a way that makes corrective action necessary to protect public health and the environment, the department may require further investigation, assessment, monitoring, or remediation.(h) The department will apply a fee described in 18 AAC 60.700(g)(1)(A) for any action taken by the department for closure or corrective action plan review, oversight of corrective action, monitoring review, department inspections, issuance of permanent closure approval, or any other action under this section.Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 10/27/2017,Register 224, January 2018Authority:AS 44.46.020
AS 44.45.025
AS 46.03.020
AS 46.03.100
AS 46.03.800
AS 46.03.810