Current through Register Vol. 18, September 20, 2024
(1) Based on the results
of a corrective measures assessment conducted under ARM
17.50.1308, the owner or operator of a
facility shall:
(a) select a remedy that, at a
minimum, meets the standards listed in (2);
(b) submit to the department for approval, within
90 days after the date of the department's approval of the assessment of corrective
measures required in ARM
17.50.1308(1), a
selected remedy report describing how the selected remedy would meet the standards
in (2) through (4), and how it would be implemented;
(c) submit design plans for the selected remedy,
and construction quality control (CQC) and construction quality assurance (CQA)
plans to the same extent required in ARM
17.50.1205; and
(d) notify the department, within 14 days after
obtaining department approval of the selected remedy report, that the selected
remedy report, design plans, and CQC and CQA plans have been placed in the operating
record.
(2) Remedies in (1)
must satisfy the following:
(a) be protective of
human health and the environment;
(b)
attain the ground water protection standard as specified pursuant to ARM
17.50.1307(8) or
(9);
(c) control the source(s) of releases so as to
reduce or eliminate, to the maximum extent practicable, further releases of a
constituent in Appendix II to 40 CFR Part 258 (July 1, 2008) into the environment
that may pose a threat to human health or the environment; and
(d) comply with standards for management of wastes
as specified in ARM
17.50.1310(4).
(3) In selecting a remedy that meets
the standards of (2), the owner or operator shall consider the following evaluation
factors:
(a) the long- and short-term
effectiveness and protectiveness of the potential remedy(s), along with the degree
of certainty that the remedy will prove successful, based on consideration of the
following:
(i) magnitude of reduction of existing
risks;
(ii) magnitude of residual risks
in terms of likelihood of further releases due to waste remaining following
implementation of a remedy;
(iii) the
type and degree of long-term management required, including monitoring, operation,
and maintenance;
(iv) short-term risks
that might be posed to the community, workers, or the environment during
implementation of such a remedy, including potential threats to human health and the
environment associated with excavation, transportation, and redisposal or
containment;
(v) time until full
protection is achieved;
(vi) potential
for exposure of humans and environmental receptors to remaining wastes, considering
the potential threat to human health and the environment associated with excavation,
transportation, redisposal, or containment;
(vii) long-term reliability of the engineering and
institutional controls; and
(viii)
potential need for replacement of the remedy;
(b) the effectiveness of the remedy in controlling
the source to reduce further releases, based on consideration of the following
factors:
(i) the extent to which containment
practices will reduce further releases; and
(ii) the extent to which treatment technologies
may be used;
(c) the ease or
difficulty of implementing a potential remedy(s), based on consideration of the
following factors:
(i) degree of difficulty
associated with constructing the technology;
(ii) expected operational reliability of the
technologies;
(iii) need to coordinate
with and obtain necessary approvals and permits from other agencies;
(iv) availability of necessary equipment and
specialists; and
(v) available capacity
and location of needed treatment, storage, and disposal services;
(d) practicable capability of the owner
or operator, including consideration of technical and economic capability;
and
(e) the degree to which community
concerns are addressed by a potential remedy(s).
(4) An owner or operator required by (1) to select
a remedy shall specify as part of the selected remedy a schedule(s) for initiating
and completing remedial activities. Such a schedule must require the initiation of
remedial activities within a reasonable period of time, taking into consideration
the factors in (4)(a) through (f). The owner or operator shall consider the
following factors in determining the schedule of remedial activities:
(a) extent and nature of contamination;
(b) practical capabilities of remedial
technologies in achieving compliance with ground water protection standards
established under ARM
17.50.1307(8) or (9)
and other objectives of the remedy;
(c)
availability of treatment or disposal capacity for wastes managed during
implementation of the remedy;
(d)
desirability of utilizing technologies that are not currently available, but that
may offer significant advantages over already available technologies in terms of
effectiveness, reliability, safety, or ability to achieve remedial
objectives;
(e) potential risks to human
health and the environment from exposure to contamination prior to completion of the
remedy; and
(f) resource value of the
aquifer, including:
(i) current and future
uses;
(ii) proximity and withdrawal rate
of users;
(iii) ground water quantity
and quality;
(iv) the potential damage
to wildlife, crops, vegetation, and physical structures caused by exposure to waste
constituents;
(v) the hydrogeologic
characteristic of the facility and surrounding land;
(vi) ground water removal and treatment
costs;
(vii) the cost and availability
of alternative water supplies; and
(viii) the practicable capability of the owner or
operator.
(5) The
department may determine that remediation of a release of a constituent in Appendix
II to 40 CFR Part 258 (July 1, 2008) from a Class II or Class IV landfill unit is
not necessary if the unit's owner or operator demonstrates to the satisfaction of
the department that:
(a) the ground water is
additionally contaminated by substances that have originated from a source other
than the unit and those substances are present in concentrations such that cleanup
of the release from the unit would provide no significant reduction in risk to
actual or potential receptors; or
(b)
the constituent(s) is present in ground water that:
(i) is not currently, or reasonably expected to
be, a source of drinking water; and
(ii)
is not hydraulically connected with waters to which the constituent is migrating or
is likely to migrate in a concentration(s) that would exceed the ground water
protection standards established under ARM 17.50.1307;
(c) remediation of the release(s) is technically
impracticable; or
(d) remediation
results in unacceptable cross-media impacts.
(6) A determination by the department pursuant to
(5) does not affect the authority of the department to require the owner or operator
to undertake source control measures or other measures that may be necessary to
eliminate or minimize further releases to the ground water, to prevent exposure to
the ground water, or to remediate the ground water to concentrations that are
technically practicable and significantly reduce threats to human health or the
environment.
75-10-204, MCA; IMP,
75-10-204,
75-10-207,
MCA;
