Current through Register Vol. 18, September 20, 2024
(1)
Based on the schedule established under ARM
17.50.1309(4) for
initiation and completion of remedial activities, an owner or operator required
byARM 17.50.1309 to select a remedy shall:
(a) submit for department approval, and if
approved, establish and implement, a corrective action ground water monitoring
program that:
(i) at a minimum, meets the
requirements of an assessment monitoring program under ARM
17.50.1307;
(ii) indicates the effectiveness of the corrective
action remedy; and
(iii) demonstrates
compliance with the ground water protection standard pursuant to (5);
(b) implement the corrective action
remedy selected under ARM 17.50.1309; and
(c) submit for department approval, and if
approved, take any interim measures necessary to ensure the protection of human
health and the environment. Interim measures must, to the greatest extent
practicable, be consistent with the objectives of, and contribute to the performance
of, any remedy that may be required pursuant to ARM 17.50.1309. The following
factors must be considered by an owner or operator and the department in determining
whether interim measures are necessary:
(i) time
required to develop and implement a final remedy;
(ii) actual or potential exposure of nearby
populations or environmental receptors to constituents in Appendix II to 40 CFR Part
258 (July 1, 2008);
(iii) actual or
potential contamination of drinking water supplies or sensitive
ecosystems;
(iv) further degradation of
the ground water that may occur if remedial action is not initiated
expeditiously;
(v) weather conditions
that may cause constituents to migrate or be released;
(vi) risks of fire or explosion, or potential for
exposure to constituents as a result of an accident or failure of a container or
handling system; and
(vii) other
situations that may pose threats to human health and the environment.
(2) An owner or operator of
a facility may determine, based on information developed after implementation of the
remedy has begun or other information, that compliance with requirements of ARM
17.50.1309(2) is not
being achieved through the remedy selected. In such cases, the owner or operator
shall implement other methods or techniques that:
(a) are developed by following the procedures in
ARM 17.50.1309(1) through
(4); and
(b) could practicably achieve compliance with the
requirements, unless the owner or operator makes the determination under
(3).
(3) If the owner or
operator submits for department approval a determination that compliance with
requirements under ARM
17.50.1309(2) cannot
be practically achieved with any currently available methods, the owner or operator
shall, within 60 days after obtaining department approval:
(a) submit a certification of a qualified ground
water scientist for department approval that compliance with requirements under ARM
17.50.1309(2) cannot
be practically achieved with any currently available methods;
(b) implement alternate measures to control
exposure of humans or the environment to residual contamination, as necessary to
protect human health and the environment;
(c) implement alternate measures for control of
the sources of contamination, or for removal or decontamination of equipment, units,
devices, or structures that are:
(i) technically
practicable; and
(ii) consistent with
the overall objective of the remedy;
(d) submit for department approval a report
justifying the alternative measures selected pursuant to (3)(b) and (c);
and
(e) notify the department within 14
days after obtaining department approval that the report justifying the alternative
measures in (3)(d) has been placed in the operating record.
(4) All solid wastes managed pursuant to a remedy
required under ARM 17.50.1309, or an interim measure required under (1)(c), must be
managed in a manner that:
(a) is protective of
human health and the environment; and
(b) complies with applicable RCRA
requirements.
(5) A remedy
selected pursuant to ARM
17.50.1309 is complete when:
(a) the owner or operator complies with the ground
water protection standards established under ARM
17.50.1307 at all points within the
plume of contamination that lie beyond the ground water monitoring well system
established under ARM
17.50.1304(1);
(b) compliance with the ground water protection
standards established under ARM
17.50.1307 has been achieved by
demonstrating, using the statistical procedures and performance standards in ARM
17.50.1305(7) and (8),
that concentrations of constituents in Appendix II to 40 CFR Part 258 (July 1, 2008)
have not exceeded the ground water protection standards for a period of three
consecutive years; and
(c) all actions
required to remediate the release have been completed.
(6) The department may specify an alternative to
the period in (5)(b) after taking into consideration:
(a) extent and concentration of the
release(s);
(b) behavior characteristics
of the constituents in the ground water;
(c) accuracy of monitoring or modeling techniques,
including any seasonal, meteorological, or other environmental variabilities that
may affect accuracy; and
(d)
characteristics of the ground water.
(7) Within 14 days after completion of the remedy
specified in (5), the owner or operator shall submit to the department for approval
a certification that the remedy has been completed in compliance with the
requirements of (5), and (6) if applicable, and place the certification in the
operating record. The certification must be signed by the owner or operator and by a
qualified ground water scientist.
(8)
When the certification required in (7) is approved by the department, the owner or
operator must be released from the requirements for financial assurance for
corrective action under ARM
17.50.540.
75-10-204, MCA; IMP,
75-10-204,
75-10-207,
MCA;
