(a) Based on the results of the corrective
measures assessment conducted under Subsection R315-319-96, the owner or
operator shall, as soon as feasible, select a remedy that, at a minimum, meets
the standards listed in Subsection R315-319-97(b). This requirement applies to,
not in place of, any applicable standards under the Occupational Safety and
Health Act. The owner or operator shall prepare a semiannual report describing
the progress in selecting and designing the remedy. Upon selection of a remedy,
the owner or operator shall prepare a final report describing the selected
remedy and how it meets the standards specified in Subsection R315-319-97(b).
The remedy and report shall be approved by the Director. The owner or operator
shall obtain a certification from a qualified professional engineer that the
remedy selected meets the requirements of Section R315-319-97. The report has
been completed when it is placed in the operating record as required by
Subsection R315-319-105(h)(12).
(b)
Remedies shall:
(1) Be protective of human
health and the environment;
(2)
Attain the groundwater protection standard as specified pursuant to Subsection
R315-319-95(h);
(3) Control the
source(s) of releases so as to reduce or eliminate, to the maximum extent
feasible, further releases of constituents in appendix IV to Rule R315-319 into
the environment;
(4) Remove from
the environment as much of the contaminated material that was released from the
CCR unit as is feasible, taking into account factors such as avoiding
inappropriate disturbance of sensitive ecosystems;
(5) Comply with standards for management of
wastes as specified in Subsection R315-319-98(d).
(c) In selecting a remedy that meets the
standards of Subsection R315-319-97(b), the owner or operator of the CCR unit
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:
(i) Magnitude of reduction of
existing risks;
(ii) Magnitude of
residual risks in terms of likelihood of further releases due to CCR remaining
following implementation of a remedy;
(iii) The type and degree of long-term
management required, including monitoring, operation, and
maintenance;
(iv) Short-term risks
that might be posed to the community or the environment during implementation
of such a remedy, including potential threats to human health and the
environment associated with excavation, transportation, and re-disposal of
contaminant;
(v) Time until full
protection is achieved;
(vi)
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, re-disposal, or
containment;
(vii) Long-term
reliability of the engineering and institutional controls; and
(viii) 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:
(i) The extent to which containment practices
will reduce further releases; and
(ii) 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:
(i) Degree of difficulty associated with
constructing the technology;
(ii)
Expected operational reliability of the technologies;
(iii) Need to coordinate with and obtain
necessary approvals and permits from other agencies;
(iv) Availability of necessary equipment and
specialists; and
(v) Available
capacity and location of needed treatment, storage, and disposal
services.
(4) The degree
to which community concerns are addressed by a potential remedy(s).
(d) The owner or operator shall
specify as part of the selected remedy a schedule(s) for implementing and
completing remedial activities. Such a schedule shall require the completion of
remedial activities within a reasonable period of time taking into
consideration the factors set forth in Subsections R315-319-97(d)(1) through
(6). The owner or operator of the CCR unit shall consider the following factors
in determining the schedule of remedial activities:
(1) Extent and nature of contamination, as
determined by the characterization required under Subsection
R315-319-95(g);
(2) Reasonable
probabilities of remedial technologies in achieving compliance with the
groundwater protection standards established under Subsection R315-319-95(h)
and other objectives of the remedy;
(3) Availability of treatment or disposal
capacity for CCR managed during implementation of the remedy;
(4) Potential risks to human health and the
environment from exposure to contamination prior to completion of the
remedy;
(5) Resource value of the
aquifer including:
(i) Current and future
uses;
(ii) Proximity and withdrawal
rate of users;
(iii) Groundwater
quantity and quality;
(iv) The
potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to CCR constituents;
(v) The hydrogeologic characteristic of the
facility and surrounding land; and
(vi) The availability of alternative water
supplies; and
(6) Other
relevant factors as required by the Director.
(e) The owner or operator of the CCR unit
shall comply with the recordkeeping requirements specified in Subsection
R315-319-105(h), the notification requirements specified in Subsection
R315-319-106(h), and the Internet requirements specified in Subsection
R315-319-107(h).