Current through Register Vol. 48, No. 9, September 27, 2024
a. Based
on the results of the corrective measures assessment conducted according to
Section258.56, the permittee shall
select a remedy that, at a minimum, meets the standards listed in paragraph b.
below. The permittee shall notify the Department within 14 days of selecting a
remedy and submit a report to the Department for review and approval that
describes the selected remedy and how it meets the standards in paragraph b.
below.
b. Remedies shall:
(1) Be protective of human health and the
environment;
(2) Attain the
groundwater protection standard as specified pursuant to Section258.55.j. or k.;
(3) Control the source(s) of releases so as
to reduce or eliminate, to the maximum extent practicable, further releases of
Appendix V constituents into the environment that may pose a threat to human
health or the environment; and,
(4)
Comply with standards for management of wastes as specified in
Section258.58.d.
c. In selecting a remedy that
meets the standards in paragraph b. above, the permittee shall consider the
following evaluation factors:
(1) 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:
(a)
Magnitude of reduction of existing risks;
(b) Magnitude of residual risks in terms of
likelihood of further releases due to waste remaining following implementation
of a remedy;
(c) The type and
degree of long-term management required, including monitoring, operation, and
maintenance;
(d) 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;
(e) Time until full
protection is achieved;
(f)
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;
(g) Long-term
reliability of the engineering and institutional controls; and,
(h) Potential need for replacement of the
remedy;
(2) The
effectiveness of the remedy in controlling the source to reduce further
releases based on consideration of the following factors:
(a) The extent to which containment practices
will reduce further releases; and,
(b) The extent to which treatment
technologies may be used;
(3) The ease or difficulty of implementing a
potential remedy(s) based on consideration of the following types of factors:
(a) Degree of difficulty associated with
constructing the technology;
(b)
Expected operational reliability of the technologies;
(c) Need to coordinate with and obtain
necessary approvals and permits from other agencies;
(d) Availability of necessary equipment and
specialists; and,
(e) Available
capacity and location of needed treatment, storage, and disposal services;
and,
(4) The degree to
which community concerns are addressed by a potential remedy(s).
d. The permittee shall specify as
part of the selected remedy a schedule(s) for initiating and completing
remedial activities. Such a schedule shall require the initiation of remedial
activities within a reasonable period of time taking into consideration the
factors set forth in paragraphs d. (1-8). The permittee shall consider the
following factors in determining the schedule of remedial activities:
(1) Extent and nature of
contamination;
(2) Practical
capabilities of remedial technologies in achieving compliance with groundwater
protection standards established in Section258.55.j. or k. and other
objectives of the remedy;
(3)
Availability of treatment or disposal capacity for wastes managed during
implementation of the remedy;
(4)
Desirability of utilizing technologies that are not readily available, but
which may offer significant advantages over already available technologies in
terms of effectiveness, reliability, safety, or ability to achieve remedial
objectives;
(5) Potential risks to
human health and the environment from exposure to contamination prior to
completion of the remedy;
(6)
Resource value of the aquifer including:
(a)
Current and future uses;
(b)
Proximity and withdrawal rate of users;
(c) Groundwater quantity and
quality;
(d) The potential damage
to wildlife, crops, vegetation, and physical structures caused by exposure to
waste constituent;
(e) The
hydrogeologic characteristic of the facility and surrounding land;
(f) Groundwater removal and treatment costs;
and,
(g) The cost and availability
of alternative water supplies;
(7) Practicable capability of the permittee;
and,
(8) Other relevant
factors.
e. The
Department may determine that remediation of a release of an Appendix V
constituent from a Class Three landfill is not necessary if the permittee
demonstrates to the Department that:
(1) The
groundwater is additionally contaminated by substances that have originated
from a source other than a Class Three landfill and those substances are
present in concentrations such that cleanup of the release from the Class Three
landfill would provide no significant reduction in risk to actual or potential
receptors; or,
(2) The
constituent(s) is present in groundwater that:
(a) Does not currently meet the definition of
an underground source of drinking water per South Carolina Water
Classifications and Standards R.61-68; and,
(b) Is not hydraulically connected with
waters to which the hazardous constituents are migrating, or are likely to
migrate in a concentration(s) that would exceed the groundwater protection
standards established in Section258.55.j. or k.
or,
(3) Remediation of
the release(s) is technically impracticable; or,
(4) Remediation results in unacceptable
cross-media impacts.
f.
A determination by the Department pursuant to paragraph e. above of this
section shall not affect the authority of the Department to require the
permittee to undertake source control measures or other measures that may be
necessary to eliminate or minimize further releases to the groundwater, to
prevent exposure to the groundwater, or to remediate the groundwater to
concentrations that are technically practicable and significantly reduce
threats to human health or the environment.
