18 AAC 75.330. Interim removal actions

(a) The department, or a responsible person as provided in (c) of this section, will perform an interim removal action if the department determines that an interim removal action is necessary under the site cleanup rules to prevent

(1) human or environmental exposure to a hazardous substance at the site; or

(2) migration of a hazardous substance at or from the site.

(b) An interim removal action must, to the maximum extent practicable, contribute to the overall performance of any long-term cleanup action at the site. An interim removal action may

(1) achieve cleanup levels for a portion of the site;

(2) provide for a partial cleanup for all or part of the site, but not achieve cleanup levels; or

(3) provide for a partial cleanup at the site and not achieve cleanup levels, but provide information on how to achieve cleanup levels for the final cleanup action.

(c) An interim removal action may occur at any time during the cleanup process and may be performed by the department or by a responsible person with prior approval of the proposed action. An interim removal action may not be used to delay or supplant the cleanup process.

(d) An interim removal action must be followed by additional cleanup actions at the site unless the department determines that the interim removal action has met the requirements of the site cleanup rules.

(e) An interim removal action taken by the department does not

(1) require the department to take an additional response or cleanup action; or

(2) relieve a person from liability associated with the discharge or release.

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

Authority: AS 46.03.020

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