Current through Register Vol. 48, No. 9, September 27, 2024
a. Based on the schedule established in
Section258.57.d. for initiation
and completion of remedial activities, the permittee shall:
(1) Establish and implement a corrective
action groundwater monitoring program that:
(a) At a minimum, meets the requirements of
an assessment monitoring program in Section258.55.;
(b) Indicates the effectiveness of the
corrective action remedy; and,
(c)
Demonstrates compliance with groundwater protection standards pursuant to
Section258.58.e;
(2)
Implement the corrective action remedy selected in Section258.57.; and,
(3) Take any interim measures necessary to
ensure the protection of human health and the environment. Interim measures
should, 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 Section258.57. The following
factors shall be considered by a permittee in determining whether interim
measures are necessary:
(a) Time required to
develop and implement a final remedy;
(b) Actual or potential exposure of nearby
populations or environmental receptors to hazardous constituents;
(c) Actual or potential contamination of
drinking water supplies or sensitive ecosystems;
(d) Further degradation of the groundwater
that may occur if remedial action is not initiated expeditiously;
(e) Weather conditions that may cause
hazardous constituents to migrate or be released;
(f) Risks of fire or explosion, or potential
for exposure to hazardous constituents as a result of an accident or failure of
a container or handling system; and,
(g) Other situations that may pose threats to
human health and the environment.
b. A permittee may determine, based on
information developed after implementation of the remedy or other information,
that compliance with requirements of Section258.57.b. are not being
achieved through the remedy selected. In such cases, the permittee shall
implement other methods or techniques that could practicably achieve compliance
with the requirements, unless the permittee makes the determination under
258.c.
c. If the permittee
determines that compliance with requirements in Section258.57.b. cannot be
practically achieved with currently available methods, the permittee shall:
(1) Obtain certification of a qualified
professional and approval by the Department that compliance with requirements
in Section258.57.b. cannot be
practically achieved with any currently available methods;
(2) Implement alternate measures to control
exposure of humans or the environment to residual contamination, as necessary
to protect human health and the environment;
(3) Implement alternate measures for control
of the sources of contamination, or for removal or decontamination of
equipment, units, devices, or structures that are:
(a) Technically practicable; and,
(b) Consistent with the overall objective of
the remedy; and,
(4)
Notify the Department within 14 days that a report justifying the alternative
measures prior to implementing the alternative measures has been placed in the
operating record.
d. All
solid wastes that are managed pursuant to a remedy required in
Section258.57., or an interim
measure required in Section258.58.a. (3), shall be managed in a manner:
(1) That is protective of human health and
the environment; and,
(2) That
complies with applicable Resource Conservation and Recovery Act (RCRA)
requirements.
e.
Remedies selected pursuant to Section258.57. shall be considered
complete when:
(1) The permittee complies with
the groundwater protection standards established in Section258.55.j. or k. at all
points within the plume of contamination that lie beyond the groundwater
monitoring well system established in Section258.51.a.
(2) Compliance with the groundwater
protection standards established in Section258.55.j. or k. has been
achieved by demonstrating that concentrations of Appendix V constituents have
not exceeded the groundwater protection standard(s) for a period of three
consecutive years using the statistical procedures and performance standards in
Section258.53.g. and h. The
Department may specify an alternative length of time during which the permittee
shall demonstrate that concentrations of Appendix V constituents have not
exceeded the groundwater protection standard(s) taking into consideration:
(a) Extent and concentration of the
release(s);
(b) Behavior
characteristics of the hazardous constituents in the groundwater;
(c) Accuracy of monitoring or modeling
techniques, including any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and,
(d) Characteristics of the
groundwater.
(3) All
actions required to complete the remedy have been satisfied.
f. Within 14 days of completion of
the remedy, the permittee shall submit to the Department a certification signed
by a qualified professional stating that the remedy has been completed in
compliance with the requirements of Section258.58.e.
g. Upon the Department's approval of the
certification required in 258.58.f., the permittee shall be released from the
requirements for financial assurance for corrective action.
