18 AAC 70.005. Nonapplicability of groundwater provisions

(a) Except as provided in (b) of this section, the provisions of this chapter that are applicable to groundwater do not apply to a response, a cleanup, or a corrective action approved by

(1) the department under 18 AAC 60.440, 18 AAC 60.860, 18 AAC 75, or 18 AAC 78, except as this chapter is specifically made applicable by 18 AAC 60, 18 AAC 75, or 18 AAC 78; or

(2) the United States Environmental Protection Agency (EPA) under 42 U.S.C. 9601 - 9675 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980) or 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act), if the response, cleanup, or corrective action meets, at a minimum, the site cleanup rules at 18 AAC 75.325 - 18 AAC 75.390.

(b) This section does not affect the application of this chapter to contaminated surface water and sediment.

History: Eff. 1/22/99, Register 149

Authority: AS 46.03.010

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