1. (a) The owner or operator of a permitted Class I MSWLF with a liner approved under 18 AAC 60.330 and a leachate collection system designed and constructed to maintain less than a 12-inch depth of leachate on the liner may apply for a research, development, and demonstration permit if the owner or operator proposes to utilize innovative and new methods that vary from one or more of the following requirements:

   1. (1) the requirement to construct and maintain a run-on control system in accordance with 18 AAC 60.225(c);
   2. (2) the restriction under 18 AAC 60.360(a)(1)(B) on the placing of bulk or noncontainerized liquid waste in the MSWLF.

2. (b) The application for a research, development, and demonstration permit must be submitted to the department using a form provided by the department. The application must include

   1. (1) a cover letter that contains

      1. (A) a statement that the applicant seeks a research, development, and demonstration permit;
      2. (B) a statement that identifies the requirement listed in (a) of this section from which the applicant requests a variance; and
      3. (C) a brief general description of the site topography, geology, climate, surface hydrology, and groundwater hydrology;
   2. (2) documentation demonstrating that the leachate collection system is designed and constructed to maintain a leachate depth of less than 12 inches;
   3. (3) a research plan that includes a detailed description of the proposed research project and a detailed statement of project goals;
   4. (4) waste types and quantities that will be managed as part of the research, development, and demonstration project;
   5. (5) an operation and contingency plan specific to the proposed research, development, and demonstration project;
   6. (6) drawings that show changes to the facility based on the proposed research, development, and demonstration project;
   7. (7) a monitoring plan that includes monitoring specific to the proposed research, development, and demonstration project;
   8. (8) a corrective action plan that describes procedures that will be taken if the proposed research, development, and demonstration project results in landfill damage, environmental damage, or improper waste disposal; and
   9. (9) other information that the department requests and that the department considers relevant to compliance by the applicant with this chapter.
3. (c) The department will assess a fee in accordance with Table E-1 in 18 AAC 60.700(a) for a research, development, and demonstration permit.

4. (d) In addition to applying the criteria in 18 AAC 60.215(a)(1) - (9), the department will issue a research, development, and demonstration permit only if the applicant demonstrates, to the department's satisfaction, that

   1. (1) the proposed project includes a defined project goal and quantitative methods to measure progress toward that goal; and
   2. (2) the criteria and innovative and new methods proposed for the project are at least as protective of human health and the environment as the criteria for a Class I MSWLF permit issued under this chapter.

5. (e) In a research, development, and demonstration permit, the department will include conditions that

   1. (1) only allow the MSWLF to accept waste types and quantities relevant to the research proposal and approved by the department; and

   2. (2) require, during the life of the permit, the submission of progress reports every six months; each progress report must include

      1. (A) a description of progress towards the stated project goals;
      2. (B) a summary of all monitoring and testing results;
      3. (C) operating information related to permit conditions required by the department; and
      4. (D) any problems encountered during the reporting period.

6. (f) The department will not issue a research, development, and demonstration permit for a term longer than three years. The department will not renew a permit

   1. (1) more than three times; and

   2. (2) unless the applicant submits a request for renewal in writing, using a form provided by the department; the request must include

      1. (A) a detailed assessment of the project, showing the status with respect to achieving project goals, and a list of problems and progress towards resolution of those problems; and
      2. (B) other information that the department requests and that the department considers relevant to compliance by the applicant with this chapter.

(Eff. 9/5/2010, Register 195; am 10/27/2017, Register 224)

Authority: AS 44.46.020, AS 46.03.100, AS 46.03.810, AS 46.03.010, AS 46.03.110, AS 46.06.010, AS 46.03.020, AS 46.03.800, AS 46.06.080