Current through Register Vol. 48, No. 38, September 20, 2024
a) Within 90 days after the Agency's approval
of the corrective action plan submitted under Section 845.670, the owner or
operator must initiate corrective action. Based on the schedule approved by the
Agency for implementation and completion of corrective action, the owner or
operator must:
1) Establish and implement a
corrective action groundwater monitoring program that:
A) At a minimum, meets the requirements of
the monitoring program under Section 845.650;
B) Documents the effectiveness of the
corrective action remedy; and
C)
Demonstrates compliance with the groundwater protection standard under
subsection (c).
2)
Implement the corrective action remedy approved by the Agency under Section
845.670; and
3) Take any interim
measures necessary to reduce the contaminants leaching from the CCR surface
impoundment, and/or potential exposures to human or ecological receptors.
Interim measures must, to the greatest extent feasible, be consistent with the
objectives of, and contribute to the performance of, any remedy that may be
required by Section 845.670. The following factors must be considered by an
owner or operator in determining whether interim measures are necessary:
A) Time required to develop and implement a
final remedy;
B) Actual or
potential exposure of nearby populations or environmental receptors to any of
the constituents listed in Section 845.600;
C) Actual or potential contamination of
sensitive ecosystems or current or potential drinking water supplies;
D) Further degradation of the groundwater
that may occur if remedial action is not initiated expeditiously;
E) Weather conditions that may cause any of
the constituents listed in Section 845.600 to migrate or be released;
F) Potential for exposure to any of the
constituents listed in Section 845.600 as a result of an accident or failure of
a container or handling system; and
G) Other situations that may pose threats to
human health and the environment.
b) If the Agency or an owner or operator of
the CCR surface impoundment determines, at any time, that compliance with the
requirements of Section 845.670(d) is not being achieved through the remedy
selected, the owner or operator must implement other methods or techniques that
could feasibly achieve compliance with the requirements. These methods or
techniques must receive approval by the Agency before implementation.
c) Corrective action must be considered
complete when:
1) The owner or operator of the
CCR surface impoundment demonstrates compliance with the groundwater protection
standards established by Section 845.600 has been achieved at all points within
the plume of contamination that lies beyond the waste boundary;
2) Compliance with the groundwater protection
standards has been achieved by demonstrating that concentrations of
constituents listed in Section 845.600 have not exceeded the groundwater
protection standards for a period of three consecutive years, using the
statistical procedures and performance standards in Section 845.640(f) and (g);
and
3) All actions required to
complete the remedy have been satisfied.
d) All CCR managed under a remedy approved by
the Agency under Section 845.670, or an interim measure required under
subsection (a)(3), must be managed in a manner that complies with this
Part.
e) Upon completion of the
corrective action plan, the owner or operator must submit to the Agency a
corrective action completion report and certification.
1) The corrective action completion report
must contain supporting documentation, including:
A) Any engineering and hydrogeology reports,
including monitoring well completion reports and boring logs, all CQA reports,
certifications, and designations of CQA officers-in-absentia required by
Section
845.290;
B) A written summary of the implementation of
the corrective action plan as stated in the construction permit and this
Part;
C) Groundwater monitoring
data demonstrating compliance with subsection (c);
D) Any remedial actions completed under
subsection (d);
E) Documentation
showing compliance with the selected remedy requirements of Section 845.670(b);
and
F) Any other information relied
upon by the qualified professional engineer in making the closure
certification.
2) The
corrective action completion certification must include a statement from a
qualified professional engineer attesting that the corrective action plan has
been completed in compliance with the requirements of subsection (c).
3) The owner or operator must place the
corrective action completion report and certification in the facility's
operating record as required by Section 845.800(d)(18).
