Ill. Admin. Code tit. 35, § 724.200 - Corrective Action Program
An owner or operator required to establish a corrective action program pursuant to this Subpart F must, at a minimum, discharge the following responsibilities:
a) The
owner or operator must take corrective action to ensure that regulated units
are in compliance with the groundwater protection standard pursuant to Section
724.192.
The Agency must specify the groundwater protection standard in the facility
permit, including the following:
1) A list of
the hazardous constituents identified pursuant to Section
724.193;
2) Concentration limits pursuant to Section
724.194 for
each of those hazardous constituents;
3) The compliance point pursuant to Section
724.195;
and
4) The compliance period
pursuant to Section
724.196.
b) The owner or operator must implement a
corrective action program that prevents hazardous constituents from exceeding
their respective concentration limits at the compliance point by removing the
hazardous waste constituents or treating them in place. The permit will specify
the specific measures that must be taken.
c) The owner or operator must begin
corrective action within a reasonable time period after the groundwater
protection standard is exceeded. The Agency must specify that time period in
the facility permit. If a facility permit includes a corrective action program
in addition to a compliance monitoring program, the permit will specify when
the corrective action must begin and such a requirement will operate in lieu of
Section
724.199(i)(2).
d) In conjunction with a corrective action
program, the owner or operator must establish and implement a groundwater
monitoring program to demonstrate the effectiveness of the corrective action
program. Such a monitoring program may be based on the requirements for a
compliance monitoring program pursuant to Section
724.199
and must be as effective as that program in determining compliance with the
groundwater protection standard pursuant to Section
724.192
and in determining the success of a corrective action program pursuant to
subsection (e) where appropriate.
e) In addition to the other requirements of
this Section, the owner or operator must conduct a corrective action program to
remove or treat in place any hazardous constituents pursuant to Section
724.193
that exceed concentration limits pursuant to Section
724.194 in
groundwater, as follows:
1) At the following
locations:
A) Between the compliance point
pursuant to Section
724.195 and
the downgradient facility property boundary; and
B) Beyond the facility boundary, where
necessary to adequately protect human health and the environment, unless the
owner or operator demonstrates to the Agency that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such action. The owner and operator are not
relieved of all responsibility to clean up a release that has migrated beyond
the facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis.
2) The permit will specify the
following measures to be taken:
A) Corrective
action measures pursuant to this subsection (e) must be initiated and completed
within a reasonable period of time considering the extent of
contamination.
B) Corrective action
measures pursuant to this subsection (e) may be terminated once the
concentration of hazardous constituents pursuant to Section
724.193 is
reduced to levels below their respective concentration limits pursuant to
Section 724.194.
f) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the groundwater protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, the owner or operator must continue that corrective action for as long
as necessary to achieve compliance with the groundwater protection standard.
The owner or operator may terminate corrective action measures taken beyond the
period equal to the active life of the waste management area (including the
closure period) if the owner or operator can demonstrate, based on data from
the groundwater monitoring program pursuant to subsection (d), that the
groundwater protection standard of Section
724.192
has not been exceeded for a period of three consecutive years.
g) The owner or operator must report in
writing to the Agency on the effectiveness of the corrective action program.
The owner or operator must submit these reports annually.
h) If the owner or operator determines that
the corrective action program no longer satisfies this Section, the owner or
operator must, within 90 days, submit an application for a permit modification
to make any appropriate changes to the program.
Notes
Amended at 32 Ill. Reg. 12365, effective July 14, 2008
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