Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
operator of a residual waste disposal impoundment shall prepare and submit to
the Department an abatement plan when one of the following occurs:
(1) The groundwater assessment plan prepared
and implemented under §
289.266 (relating to groundwater
assessment plan) shows the presence of groundwater degradation for one or more
contaminants at one or more monitoring points and the analysis under §
289.266(c)
indicates that an abatement standard under subsection (c) will not be
met.
(2) Monitoring by the
Department or operator shows the presence of an abatement standard exceedance
for one or more contaminants from one or more compliance points as indicated in
subsection (c) even if a groundwater assessment plan has not been completed.
The operator is not required to implement an abatement plan under this
paragraph if the following apply:
(i) Within
10 days after receipt of sample results showing an exceedance of an abatement
standard at a point of compliance described in subsection (c), the operator
resamples the affected wells.
(ii)
Analysis from resampling shows to the Department's satisfaction that an
exceedance of an abatement standard has not occurred.
(b) An abatement plan shall be
prepared by an expert hydrogeologist and submitted to the Department. The plan
shall contain, at a minimum, the following information:
(1) The specific methods or techniques to be
used to abate groundwater degradation from the facility.
(2) The specific methods or techniques to be
used to prevent further groundwater degradation from the facility.
(3) A schedule for implementation.
(c) If abatement is required in
accordance with subsection (a), the operator shall demonstrate compliance with
one or more of the following standards at the identified compliance points:
(1) For constituents for which a Statewide
health standards exists, the Statewide health standard for that constituent at
and beyond 150 meters of the perimeter of the permitted disposal area or at and
beyond the property boundary, whichever is closer.
(2) The background standard for constituents
at and beyond 150 meters of the perimeter of the permitted disposal area or at
and beyond the property boundary, whichever is closer.
(3) For constituents for which no primary MCL
under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. §§
300f-300j-18 and
35 P. S. §§721.1-721.17) exist, the risk-based
standard at and beyond the property boundary, whichever is closer, if the
following conditions are met:
(i) The risk
assessment used to establish the standard assumes that human receptors exist at
the property boundary.
(ii) The
level is derived in a manner consistent with Department guidelines for
assessment the health risks of environmental pollutants.
(iii) The level is based on scientifically
valid studies conducted in accordance with good laboratory practice standards (
40 CFR Part 792 (relating to good laboratory practice standards)) promulgated
under the Toxic Substances Control Act (15 U.S.C.A. §§
2601-2692), or other scientifically
valid studies approved by the Department.
(iv) For carcinogens, the level represents a
concentration associated with an excess lifetime cancer risk level of 1 x
10-5 at the property boundary.
(d) For measuring compliance with
secondary contaminants under subsection (c)(1) or (3), the Department may
approve a compliance point beyond 150 meters on land owned by the owner or the
disposal area.
(e) The abatement
plan shall be completed and submitted to the Department for approval within 90
days of the time the obligation arises under this section unless the date is
otherwise modified, in writing, by the Department.
(f) If the Department determines that the
proposed plan is inadequate, the Department may modify the plan and approve the
plan as modified or require the submission of an approval
modification.
(g) The abatement
plan shall be implemented within 60 days of approval by the Department in
accordance with the approved implementation schedule.
(h) If, after plan approval or
implementation, the Department finds that the plan is incapable of achieving
the groundwater protection contemplated in the approval, the Department may do
one or more of the following:
(1) Issue an
order requiring the operator to submit proposed modifications to the abatement
plan.
(2) Issue an order requiring
the operator to implement the abatement plan as modified by the
Department.
(3) Issue any order as
the Department deems necessary to aid in the enforcement of the act.
This section cited in 25 Pa. Code §
287.102 (relating to
permit-by-rule); 25 Pa. Code §
289.152 (relating to water quality
monitoring plan); 25 Pa. Code §
289.261 (relating to general
requirements); 25 Pa. Code §
289.266 (relating to groundwater
assessment plan); and 25 Pa. Code §
299.144 (relating to operating
requirements).
