Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 5 - Underground Storage Tank Regulations
Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018)
Rule 11-5-2.6 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
Section 11-5-2.6-280.66 - Corrective action plan

Universal Citation: MS Code of Rules 11-5-2.6-280.66

Current through September 24, 2024

(a) At any point after reviewing the information submitted in compliance with §§ 280.61 through 280.63, the MDEQ may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and ground water. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the MDEQ. Alternatively, owners and operators may, after fulfilling the requirements of §§ 280.61 through 280.63, choose to submit a corrective action plan for responding to contaminated soil and ground water. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the MDEQ, and must modify their plan as necessary to meet this standard.

(b) The MDEQ will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the MDEQ should consider the following factors as appropriate:

(1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(2) The hydrogeologic characteristics of the facility and the surrounding area;

(3) The proximity, quality, and current and future uses of nearby surface water and ground water;

(4) The potential effects of residual contamination on nearby surface water and ground water;

(5) An exposure assessment; and

(6) Any information assembled in compliance with this rule.

(c) Upon approval of the corrective action plan or as directed by the MDEQ, owners and operators must implement the plan, including modifications to the plan made by the MDEQ. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the MDEQ.

(d) Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and ground water before the corrective action plan is approved provided that they:

(1) Notify the MDEQ of their intention to begin cleanup;

(2) Comply with any conditions imposed by the MDEQ, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(3) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the MDEQ for approval.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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