1. (a) A wastewater system is considered to be in failure if it

   1. (1) ceases to function as originally designed;
   2. (2) ceases to function as approved by the department; or
   3. (3) results in a discharge that does not meet the requirements of 18 AAC 72.050.
2. (b) Unless surfacing of wastewater is specifically annotated on the design and approved by the department, wastewater disposed to subsurface land must stay below the subsurface.
3. (c) Unless wastewater disposed to surface land outside the property boundary is specifically annotated on the design and approved by the department, wastewater disposed to surface land must remain within the property boundary. Wastewater observed creating a nuisance on adjacent properties is considered a failure of the system.

4. (d) The owner of a wastewater system in failure must

   1. (1) make repairs as soon as practicable to the failing system to prevent a discharge to surface waters, surface land, or subsurface land that does not meet the approved conditions or minimum treatment requirements in 18 AAC 72.050;
   2. (2) contain and clean up all spilled wastewater released and dispose of the spilled wastewater at an approved wastewater facility; and
   3. (3) clearly mark and prevent access to the area until cleanup procedures are complete.

(Eff. 10/1/2023, Register 247)

Authority: AS 44.46.020, AS 46.03.100, AS 46.03.800, AS 46.03.020, AS 46.03.120, AS 46.03.810, AS 46.03.050, AS 46.03.710