Current through Bulletin 2024-06, March 15, 2024
(a) The content of the site management plan.
The site management plan to be approved by the director shall contain at a
minimum:
(1) a legal description of the site
including a legal plat map, a copy of the recorded deed showing ownership, and
documents showing all liens;
(2) a
summary of the media investigations conducted at the site including the
characterization, delineation and listing of identified constituents of
potential concern and contaminants of concern;
(3) a summary of the completed human health
risk assessment and ecological risk assessment performed in accordance with
Section R315-101-5;
(4) an implementation schedule of the site
management plan within the site;
(5) a description of the groundwater
conditions under the site and within the impacted aquifer, as defined in a site
characterization report and including activity and use limitations for potable,
culinary, domestic, process, irrigation or any other groundwater
uses;
(6) a complete list of the
persons or entities that have rights of reasonable access to the site at any
time after the effective date of the site management plan for activities such
as monitoring and compliance with the site management plan, along with any
other terms and conditions of the site management plan;
(i) the site management plan shall also
indicate that persons with legal interest in land and those subject to the site
management plan are required to allow compliance with the site management
plan;
(7) provisions that
the director, and the director's authorized officers, employees, or
representatives may at any reasonable time and upon presentation of appropriate
credentials, have access to the site to monitor, sample or determine compliance
with the site management plan or environmental covenant;
(8) a list of the contact names and
information for site management plan inquiries; and
(9) a general description of any
site-specific groundwater monitoring including:
(i) a general overview of the
proposal;
(ii) a summary of site
groundwater conditions; and
(iii)
the current and potential uses of groundwater and the contaminants of
concern.
(b)
Activities related to monitoring potential contamination of the groundwater at
the site shall be conducted under an approved groundwater monitoring plan. The
responsible party shall submit a draft plan to the director and shall not
proceed with any portion of the plan until the director has given written
approval.
(1) Based on the results of the
groundwater monitoring, the potential need for additional site management
activities shall be evaluated and implemented, if necessary, to protect human
health and the environment. Groundwater monitoring shall be the responsibility
of the property owner and its assignees.
(c) If an existing groundwater monitoring
well is lost, abandoned, destroyed, or needs to be relocated for development
purpose, the owner shall replace the wells in an area that provides the
groundwater data required by the site management plan. Any proposal to replace
groundwater monitoring wells requires review and approval by the director. If
drinking water wells are proposed, the responsible party shall provide prior
notice to the director after obtaining either any necessary permits approval or
both for the installation of the proposed drinking water wells by the
appropriate state, local or other regulatory agencies.
(d) Site management plan modification and
termination. The site management plan shall be subject to review and may be
terminated or modified as follows.
(1) If
groundwater sampling data within the site or off-site property indicates that
approved groundwater corrective action levels found in Subsections
R315-101-4(f)(15),
R315-101-6(a)(3)(i),
and R315-101-7(k)(4),
as applicable, have been met for the site or impacted off-site property, the
responsible party may request modification or termination of the groundwater
monitoring program, as follows:
(i)
groundwater data shall be evaluated using a statistical corrective action test
in accordance with the "Statistical Analysis of Groundwater Monitoring Data at
RCRA Facilities, Unified Guidance," US EPA, or the "Groundwater Statistics and
Monitoring Compliance Guidance Document," Interstate Technology Regulatory
Council (ITRC), as incorporated by reference in Section
R315-101-12;
(ii) a demonstration that future levels of
contamination will not exceed the approved groundwater corrective action
levels; and
(iii) land use
controls, either engineering or institutional or both, shall be relied upon to
ensure protection of human health and the environment if the approved
corrective action levels are more than the drinking water standards, maximum
contaminant levels.
(2)
If soil sampling data, including soil vapor, within the site or off-site
indicate corrective action levels as found in Section
R315-101-6 have been met for the
soil portion of the site, the owner may request a modification or termination
of the section of the site management plan addressing soil management at the
site or at an impacted off-site property.
(3) If the owner or responsible party
satisfies Subsections
R315-101-8(d)(1)
and R315-101-8(d)(2)
and, in addition, meets the requirements defined in Subsection
R315-101-7(a),
the owner may request a corrective action complete without controls
determination or a no further action determination.
(4) If Subsection
R315-101-8(d)(3)
is satisfied, a request for termination of the site management plan and the
environmental covenant may be submitted to the director for approval.
(5) The director may require public comment
on any modifications or termination of the approved site management plan and
environmental covenant in accordance with Section
R315-101-10.
(6) The director may require a re-evaluation
of the approved risk assessment, the site management plan and the environmental
covenant upon receipt of new information or data that brings into question the
protectiveness of the existing site management plan.
(e) Land use controls.
(1) The site management plan shall identify
land use limitations for the site, such as residential, industrial, commercial,
recreational, agricultural or any other comparable use with a similar level of
human occupancy and exposure. The site management plan shall also identify the
land use controls to be placed upon the site. Any subsequent plans for
development of the site shall demonstrate to the director that the level of
risk present for the proposed use shall not exceed the applicable risk levels
specified in the site management plan.
(2) The site management plan shall contain as
many land use controls, institutional and engineering, as is deemed necessary
to protect human health and the environment. Controls may include maintaining
pavement, capping, soil excavation restrictions, and groundwater use
limitations. Each control shall be approved by the director.
(3) The proposed land use controls shall be
developed and included in the site management plan.
(4) Land use controls shall be used at any
site where cumulative carcinogenic risk exceeds a level of
1x10-6 but is less than
1x10-4 after cleanup or as indicated by the approved
risk assessment report.
(5) Land
use controls shall ensure that pathways of exposure to contaminants of concern
remain incomplete for as long as there are contaminants of concern remaining
that could pose an unacceptable risk to human health or the
environment.
(6) Land use controls
shall be enforceable pursuant to Section
57-25-111 and consistent with the
risks posed by the contaminants of concern reported in the approved risk
assessment report. The responsible party, or a subsequent landowner who assumes
the responsibility of maintaining land use controls, shall be responsible for
reimbursing the agency for any costs associated with periodic administrative
oversight to ensure that land use controls are maintained and are in compliance
with the site management plan. Costs shall not exceed the authorized statutory
rate for technical oversight by the agency at the time of service.
(f) An environmental covenant. An
environmental covenant pursuant to Sections
57-25-101 through
57-25-114 shall be required for
each site unless it has been documented that any contaminants of interest at
the site are at or below background levels or the following requirements have
been met:
(1) the level of risk is less than
or equal to 1x10-6 for carcinogens and the hazard
index is less than or equal to one for non-carcinogens pursuant to the risk
assessment conducted assuming the land use exposure scenario defined in
Subsection R315-101-5(g)(1);
(2) the ecological effects have been
determined to be insignificant; and
(3) there are no current or potential future
impacts to groundwater.
(g) The content of the environmental
covenant. The environmental covenant shall contain at a minimum:
(1) a brief narrative description of the
contamination and remedy;
(2) a
list of the constituents of potential concern and contaminants of
concern;
(3) a list of the exposure
pathways;
(4) the limits of
exposure;
(5) the locations and
extent of the contamination;
(6) a
brief narrative description of land use limitations for the site;
(7) any groundwater use
limitations;
(8) any ground surface
use limitations; and
(9) any worker
safety limitations.
(h)
For all legal interests in the subject property created after the recording of
the environmental covenant and for all interests voluntarily subordinated to
the environmental covenant the environmental covenant shall indicate that
persons with legal interest in land and those subject to the site management
plan are required to maintain compliance with the site management
plan.
(i) The environmental
covenant shall include provisions that the director, and the director's
authorized officers, employees, or representatives may at any reasonable time
and upon presentation of appropriate credentials, have access to the site to
monitor, sample or determine compliance with the site management plan or the
environmental covenant.
(j) The
terms and conditions of the land use controls established on the property shall
be consistent with the environmental covenant recorded for the site.
(k) Within 30 days of the director signing
the environmental covenant, the owner shall record the approved environmental
covenant with the county recorder's office, and within 30 days of recording
shall submit a copy of the recorded document to the director.
(l) Restrictions, controls and conditions.
Restrictions, controls and conditions specified in the environmental covenant
and the site management plan shall be enforceable by the director under Section
57-25-111 and Rule
R315-101.
