7 CCR 1101-14-5-3 - Corrective Action

The owner/operator shall develop and implement a Corrective Action Plan (CAP) based on the need for remediation identified during Site Characterization. The purpose of the CAP is to develop an approach to reach cleanup goals of less than Tier I RBSLs at the impacted POEs and to Tier II SSTLs on-site and calculate the time frame to achieve the cleanup goals. A completed CAP report must be submitted to OPS within one year of the release discovery date in the report format provided on the OPS website. Proposed scope of work costs must be presented if the release event is eligible for reimbursement from the PSTF.

(a) If active remedial action is not warranted, the owner/operator shall:
(1) Calculate the time frame to achieve the remediation goals utilizing site-specific natural attenuation rates;
(2) Present milestones to evaluate the natural attenuation progress; and
(3) Present a monitoring and reporting schedule.
(b) If active remedial action is warranted, the owner/operator shall:
(1) Define remedial objectives, identify targeted treatment areas, perform a remedial technology evaluation, and select a technically and economically feasible remedial approach.
(2) Identify and collect critical data needs (e.g., pilot testing) for the selected remedy(s).
(3) Prepare a full-scale remediation design;
(4) Calculate the time frame to achieve the remediation objectives;
(5) Present an implementation schedule;
(6) Present milestones to evaluate remediation progress; and
(7) Present a monitoring and reporting schedule.
(c) The owner/operator must implement the CAP immediately in accordance with the implementation schedule of the approved CAP, or as directed by the Director. The owner/operator must report the results of CAP implementation in accordance with a schedule and in a format approved by the Director. Any deviation from the approved CAP, including schedule revisions, must be approved by the Director.
(d) For each confirmed release that requires a corrective action plan, OPS will make relevant records available to the public by means of our Public Record Center.

Notes

7 CCR 1101-14-5-3
37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019

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