Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-308 - Ground Water Monitoring Requirements
Section R315-308-3 - Corrective Action Program
Universal Citation: UT Admin Code R 315-308-3
Current through Bulletin 2024-06, March 15, 2024
(1) If, within 90 days, a successful demonstration as stated in Subsection R315-308-2(13)(e) is not made, the owner or operator must:
(a)
continue to monitor as required in Subsection
R315-308-2(12)(d).
(b) take any interim measures as required by
the Director or as necessary to ensure the protection of human health and the
environment; and
(c) assess
possible corrective action measures for the current conditions and
circumstances of the disposal facility, addressing at least the following:
(i) the performance, reliability, ease of
implementation, and potential impacts of appropriate potential remedies,
including safety impacts, cross-media impacts, and control exposure to any
residual contamination;
(ii) time
required to begin and complete the remedy;
(iii) the costs of remedy
implementation;
(iv) public health
or environmental requirements that may substantially affect implementation of
the remedy; and
(v) prior to the
selection of a remedy, discuss the results of the corrective measures
assessment in a public meeting with interested and affected parties.
(d) Based on the results of the
corrective measures assessment conducted and the comments received in the
public meeting, the owner or operator must select a remedy which shall be
submitted to the Director.
(i) The corrective
action remedy must:
(A) be protective of
human health and the environment;
(B) use permanent solutions that are within
the capability of best available technology;
(C) attain the established ground water
quality standard;
(D) control the
sources of release so as to reduce or eliminate, to the maximum extent
practicable, further releases of contaminants into the environment that may
pose a threat to human health or the environment; and
(E) be approved by the Director.
(ii) Within 14 days after the
selection of the remedy the owner or operator must:
(A) amend the corrective action program
required by Subsection
R315-302-2(2)(e)
if necessary and send a report to the Director for approval describing the
selected remedy and amendments, along with a schedule of implementation and
estimated time of completion; and
(B) put in place the financial assurance
mechanism as required by Rule R315-309 for corrective action and notify the
Director of the financial assurance mechanism and its effective date.
(2) Upon approval of the selected corrective action remedy, the Director will notify the owner or operator of such approval and will require that the corrective action plan proceed according to the approved schedule.
(a) The Director may also require facility
closure if the ground water quality standard is exceeded and, in addition, may
revoke any permit and require reapplication.
(b) The Director or the owner or operator may
determine, based on information developed after implementation of the
corrective action plan, that compliance with the requirements of Subsection
R315-308-3(1)(d)(i) of this section are not being achieved through the remedy
selected. In such a case, the owner or operator must implement other methods or
techniques, upon approval by the Director, that could practicably achieve
compliance with the requirements.
(c) Upon completion of the remedy, the owner
or operator shall notify the Director. The notification shall contain
certification signed by the owner or operator and a qualified ground-water
scientist that the concentration of contaminant constituents have been reduced
to levels below the specified limits of the ground water quality standard for a
period of three years or an alternative length of time specified by the
Director. Upon approval of the Director the owner or operator shall:
(i) terminate corrective action
measures;
(ii) continue detection
monitoring as required in Subsection
R315-308-2(5)(b);
and
(iii) be released from the
requirements of financial assurance for corrective action.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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