329 IAC 10-21-13 - Corrective action program
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 13.
(a) The
owner, operator, or permittee must submit a proposal for a plume and site
characterization plan, as described in subsection (b), and initiate an
assessment of various corrective measures, as described in subsection (d),
within ninety (90) days of determining any of the following:
(1) A statistically significant increase
above any ground water protection standard, as identified in section 11(a) or
11(b) of this rule, has occurred during an assessment ground water monitoring
program for any constituent that is listed in section 16 of this rule (Table
2).
(2) At the request of the
commissioner, and during assessment monitoring, a secondary constituent listed
under section 11(c) of this rule has exceeded levels that are twice the ground
water protection standard for that constituent.
(3) At the request of the commissioner, and
during detection monitoring, a constituent listed in section 15(a) of this rule
(Table 1A) has shown a concentration that is a statistically significant
increase over a ground water protection standard established during a previous
assessment monitoring program. Previous monitoring programs include those
programs conducted under section 10 of this rule, or Phase II programs
conducted under 329 IAC 2-16, which was repealed in 1996.
(b) The proposal for a plume and site
characterization plan must include the following:
(1) Characterization of the chemical and
physical nature of the contaminants, including vertical and horizontal extent
of the release by:
(A) proposing location and
installation procedures for additional assessment ground water monitoring
wells, as necessary; and
(B)
identification of all constituents to be analyzed during subsequent ground
water sampling events.
(2) Characterization of the contaminated
aquifer, limited to the area of the contamination plume. Aquifer
characterization may include all of the items described in this
subsection.
(3) Proposed location
and installation procedures of at least one (1) additional ground water
monitoring well at the facility boundary in the direction of contaminant
migration.
(4) The process by which
all persons who own or reside on land that directly overlies any part of the
contaminated ground water plume will be notified.
(5) The process for sampling and analyzing
ground water at any private or public intake, as specified by the commissioner,
unless permission to sample cannot be obtained from the owner of the
intake.
(6) The process by which
drinking water will be supplied to all public and private ground water intakes
affected by the contamination.
(7)
Procedures that will be implemented to stop further migration of
contaminants.
(c)
Implementation of the plume and site characterization plan must include the
following:
(1) Within thirty (30) days of
receiving written approval of the initial corrective action proposal, the
owner, operator, or permittee shall implement subsection (b)(1) through
(b)(7).
(2) The owner, operator, or
permittee shall submit a corrective action progress report, including any
sampling and analysis results, on a semiannual basis, until the contamination
has been determined to be cleaned up as defined in subsection (j).
(3) The ground water monitoring well
identified in subsection (b)(3) must be sampled in accordance with section
10(b) and 10(d) of this rule.
(4)
If any additional constituent is detected in the ground water monitoring well
identified in subsection (b)(3) and that constituent exceeds its ground water
protection standard at a statistically significant concentration, then the
owner, operator, or permittee shall include that constituent in the sampling of
the ground water monitoring wells identified in subsection (b)(1).
(5) The owner, operator, or permittee shall
gather sufficient information from the plume and site characterization plan to
be presented at the public meeting required in section 12 of this rule and
incorporated in the final decision on an corrective action remedy as described
in subsection (e).
(d)
The assessment of various corrective measures must be initiated within ninety
(90) days of determining that a corrective action program is necessary. The
owner, operator, or permittee shall complete the assessment of various
corrective measures in a reasonable time, with the approval of the
commissioner, and in accordance with the following:
(1) The assessment of various corrective
measures must include an analysis of the effectiveness of potential corrective
measures in meeting all of the remedy requirements and objectives as described
in subsection (e).
(2) The analysis
must include the following:
(A) The
performance, reliability, ease of implementation, and potential impacts of
appropriate potential remedies. This shall include safety impacts, cross-media
impacts, and control of exposure to any residual contamination.
(B) The time required to begin and complete
the remedy.
(C) Implementation
costs of the proposed remedy.
(D)
The institutional requirements, such as state or local permit requirements, or
other environmental or public health requirements that may substantially affect
remedy implementation.
(E) A
discussion by the owner, operator, or permittee of the corrective measures
assessment, prior to the selection of a remedy, in a public meeting as required
in section 12 of this rule.
(3) The owner, operator, or permittee shall
continue to monitor in accordance with the assessment ground water monitoring
program as required in section 10 of this rule.
(e) The selection of the corrective action
remedy must be based on the assessment of various corrective measures conducted
under subsection (d), including the following:
(1) The owner, operator, or permittee shall:
(A) select a remedy that, at a minimum, meets
the standards listed in subdivision (2); and
(B) submit to the commissioner, within sixty
(60) days after the public meeting required in section 12 of this rule, a
report describing the selected remedy and how the remedy meets the standards of
subdivision (2).
(2) The
owner, operator, or permittee shall select a remedy that:
(A) will be protective of human health and
the environment;
(B) will attain
the ground water protection standard as required in section 11 of this
rule;
(C) will reduce or eliminate,
to the maximum extent practicable, further releases of those constituents in
sections 15 and 16 of this rule (Table 1A, Table 1B, and Table 2), and in
section 11(c) of this rule that may pose a threat to human health or the
environment;
(D) will comply with
standards for waste management as required in subsection (i); and
(E) is chosen after considering input from
the public hearing required under section 12 of this rule.
(3) In selecting a remedy that meets the
standards of subdivision (2), a report must be submitted that includes the
following factors:
(A) The long and short term
effectiveness and protection that is offered by the potential remedy, along
with an assessment of the remedy's probable outcome, based on the following
considerations:
(i) The magnitude of reduction
in the existing risks.
(ii) The
magnitude of residual risks in terms of likelihood of further releases, due to
waste remaining after implementing a remedy.
(iii) The type and degree of long term
management required, including monitoring, operation, and
maintenance.
(iv) The short term
risks that might be posed to the community, workers, or the environment during
the implementation of such a remedy. Short term risk assessment shall include
potential threats to human health or the environment associated with
excavation, transportation, redisposal, or containment of waste or contaminated
materials.
(v) The estimated time
until corrective measures are completed.
(vi) The potential for exposure of humans and
environmental receptors to remaining waste, including the potential threat
associated with excavation, transportation, redisposal, or containment of waste
or contaminated materials.
(vii)
The long term reliability of the engineering and institutional
controls.
(viii) The potential need
for additional or alternative remedies.
(B) The effectiveness of the remedy in
controlling the source and in reducing further releases based on the following
considerations:
(i) The extent to which
containment practices will reduce further releases.
(ii) The extent to which treatment
technologies may be used to reduce further releases.
(C) The ease or difficulty of implementing a
potential remedy based on the following considerations:
(i) The technical difficulty of constructing
the proposed remedy.
(ii) The
expected operational reliability of the proposed remedial
technologies.
(iii) The need to
coordinate with and obtain necessary approvals and permits from other local or
state agencies.
(iv) The
availability of necessary equipment and specialists.
(v) The available capacity and location of
needed treatment, storage, and disposal facilities.
(D) The capability of the owner, operator, or
permittee to manage the technical and economic aspects of the corrective
measures.
(E) The degree to which
community concerns are addressed by a potential remedy.
(4) The selected remedy report, as described
in subdivision (1)(B), must include a schedule for initiating and completing
remedial activities. This schedule must be based on the following
considerations:
(A) Vertical and horizontal
extent, and physical or chemical characteristics of contamination.
(B) Direction of contaminant
movement.
(C) Capacity of remedial
technologies to achieve compliance with ground water protection standards, as
established under section 11 of this rule, and any other remedial
objectives.
(D) Availability of
treatment or disposal capacity for waste volumes managed during implementation
of remedial measures.
(E) Practical
considerations of proposing to use currently unavailable technology that may
offer significant advantages over readily available technology, in terms of
effectiveness, reliability, safety, or ability to achieve remedial
objectives.
(F) Potential risks to
human health or the environment from exposure to contamination prior to
completing remedial measures.
(G)
Resource value of the zone of saturation or aquifer, including the following:
(i) Current and future uses.
(ii) Proximity and withdrawal rate of
users.
(iii) Ground water quantity
and quality.
(iv) The potential
damage to wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
(v)
The hydrogeologic characteristics of the MSWLF and surrounding land.
(vi) Ground water removal and treatment
costs.
(vii) The cost and
availability of alternative water supplies.
(H) Practical capability of the owner,
operator, or permittee to achieve the remedy.
(I) Other relevant factors that may be
determined by the commissioner.
(5) Selection of a remedy and implementation
schedule must be submitted to the commissioner for review and
approval.
(6) The commissioner may
determine that remediation of a released constituent, listed in either section
16 of this rule (Table 2) or in section 11(c) of this rule, is not necessary if
either of the following are demonstrated to the satisfaction of the
commissioner:
(A) Remediation is technically
impracticable.
(B) Remediation
would result in unacceptable cross-media impacts.
(7) If the commissioner determines that an
aquifer cannot be remediated, the owner, operator, or permittee shall contain
the aquifer to prevent the migration of contaminants.
(8) A determination made by the commissioner
under subdivision (6) will not affect the authority of the state to require
source control measures or other necessary measures to:
(A) eliminate or minimize further releases to
the ground water;
(B) prevent
exposure to the ground water; or
(C) remediate ground water quality to
technically achievable concentrations and significantly reduce threats to human
health or the environment.
(f) Based on the schedule established under
subsection (e)(4) and approved by the commissioner under subsection (e)(5), the
owner, operator, or permittee shall do the following:
(1) Establish and implement a corrective
action ground water monitoring program that:
(A) at a minimum, meets the requirements of
an assessment monitoring program under section 10 of this rule;
(B) indicates the effectiveness of the
corrective action remedy; and
(C)
demonstrates compliance with the ground water protection standard under
subsection (j).
(2)
Implement the corrective action remedy selected under subsection (e).
(3) Take any interim measures necessary to
ensure the protection of human health and the environment. Interim measures
must, to the greatest extent practicable, be consistent with remedial
objectives and, if possible, contribute to the performance of remedial
measures. The following factors must be considered in determining whether
interim measures are necessary:
(A) Time
required to develop and implement a final remedy.
(B) Actual and potential exposure of nearby
populations or environmental receptors to regulated constituents.
(C) Actual and potential contamination of
potentially useable water supplies or sensitive ecosystems.
(D) Further degradation of the ground water
that may occur if remedial action is not initiated expeditiously.
(E) Weather conditions that may cause
regulated constituents to migrate or be released.
(F) Potential for:
(i) fire or explosion; or
(ii) exposure to regulated constituents as a
result of an accident, a container failure, or a handling system
failure.
(G) Other
situations that may pose threats to human health or the environment.
(4) Submit a report to the
commissioner detailing the progress and performance of the selected remedy. The
report must be submitted on a semiannual basis or as determined by the
commissioner.
(g) An
owner, operator, or permittee or the commissioner may determine, based on
information developed after implementation of the remedy has begun or on other
information, that compliance under subsection (e)(2) is not being achieved
through the remedy selected. In such cases, after approval by the commissioner,
the owner, operator, or permittee shall implement other methods or techniques
that could practicably achieve compliance with the requirements unless the
owner, operator, or permittee makes a determination under subsection
(h).
(h) If the owner, operator, or
permittee determines that compliance with requirements under subsection (e)(2)
cannot be technically achieved with any currently available methods, the owner,
operator, or permittee shall:
(1) apply for a
commissioner's certification that compliance with requirements under subsection
(e)(2) cannot be achieved with any currently available methods;
(2) implement alternate measures to contain
contamination, as necessary, to protect human health, the environment and water
resources;
(3) implement alternate
measures that are technically practicable and consistent with the overall
remedial objective to:
(A) control
contamination sources; and
(B)
remove or decontaminate equipment, units, devices, or structure; and
(4) within fourteen (14) days of
determining that compliance cannot be achieved under subsection (g), submit a
report to the commissioner that justifies the alternative measures. The report
must be approved by the commissioner prior to implementation of any alternative
measures.
(i) During a
corrective action program, all solid waste managed under a remedy that is
required under subsection (e), or under an interim measure that is required
under subsection (f)(3), must be managed in a manner that:
(1) is protective of human health and the
environment; and
(2) complies with
the applicable requirements of the Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. ยงยง 6901 et seq., as amended by the Hazardous and
Solid Waste Amendments of 1984.
(j) Remedies selected under subsection (e)
are considered complete when the owner, operator, or permittee has demonstrated
to the satisfaction of the commissioner the following:
(1) Ground water protection standards have
been met at all points within the plume of contamination.
(2) For a period of three (3) consecutive
years, using statistical procedures and performance standards outlined in
section 6 of this rule, the following ground water protection standard,
whichever is applicable, has not been exceeded:
(A) The ground water protection standards for
the constituents listed in section 16 of this rule (Table 2).
(B) Levels that are twice the concentration
of any secondary constituent identified in section 11(c) of this
rule.
(3) All corrective
actions required to complete the remedy have been satisfied.
(k) The commissioner may, after
considering the factors indicated in subsection (l), specify an alternate
period during which the following demonstration, whichever is applicable, must
be made:
(1) The concentrations of the
constituents listed in section 16 of this rule (Table 2) have not exceeded
ground water protection standards.
(2) The concentrations of constituents listed
in section 11(c) of this rule have not exceeded levels that are twice the
ground water protection standard.
(l) The following factors will be considered
by the commissioner in specifying an alternative time period:
(1) Vertical and horizontal extent and
concentration of the release.
(2)
Physical and chemical characteristics of the regulated constituents within the
ground water.
(3) Accuracy of the
ground water monitoring or modeling techniques, including any seasonal,
meteorological, or other environmental variabilities that may affect the
accuracy.
(4) Physical and chemical
characteristics of the affected ground water.
(5) Physical and chemical characteristics of
the affected or potentially affected aquifer system.
(m) Within fourteen (14) days after the
completion of all remedial measures, a certification report, signed by the
owner, operator, or permittee and a qualified ground water scientist, shall be
submitted to the commissioner for written approval. The report must certify
that the remedy has been completed in compliance with the requirements of
subsection (j).
(n) Upon receipt of
the commissioner's written approval of the certification report specified in
subsection (m), the owner, operator, or permittee shall be released from the
requirements for financial assurance for corrective action specified in
329
IAC 10-39-10.
Notes
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