25 Pa. Code § 245.311 - Remedial action plan
(a) Unless
a site characterization report is submitted in accordance with §
245.310(b)
(relating to site characterization report), the responsible party shall prepare
and submit to the Department two copies of the remedial action plan, unless
directed otherwise. The remedial action plan must be submitted within 45 days
of submission of a site characterization report required by §
245.310(a)
selecting the background or Statewide health standard, within 45 days of deemed
approval or receipt of a written approval of a site characterization report
selecting the site-specific standard, or within an alternative time frame as
determined by the Department. The remedial action plan must be submitted prior
to its implementation, be complete and concisely organized and contain all of
the following elements, as necessary, based on the nature, extent, type, volume
or complexity of the release:
(1) A brief
summary of the site characterization report conclusions.
(2) A copy of the plans relating to
management of wastes generated and quality assurance/quality control
procedures, as they relate to the remedial action, if different from the plans
submitted in accordance with § 245.310(a)(25).
(3) A list of required Federal, State and
local permits or approvals to conduct the remedial action.
(4) A discussion of how the remedial action
will attain the selected remediation standard for the site.
(5) The results of treatability, bench scale
or pilot scale studies or other data collected to support the remedial
action.
(6) Design and construction
details for the remedial action, including expected effectiveness.
(7) Operation and maintenance details for the
remedial action, including:
(i) A schedule
including initiation and completion dates for all elements of the remedial
action plan.
(ii) The expected
concentrations and quantities of regulated substances in any
discharge.
(iii) The disposition of
the discharge.
(iv) A schedule for
monitoring, sampling and site inspections.
(8) A site map showing the location of
buildings, roads, property boundaries, remedial equipment locations and other
information pertinent to the remedial action.
(9) A description of the media and parameters
to be monitored or sampled during the remedial action.
(10) A description of the analytical methods
to be utilized and an appropriate reference for each.
(11) A description of the methodology that
will be utilized to demonstrate attainment of the selected remediation
standard.
(12) A description of
proposed postremediation care requirements, including proposed activity and use
limitations to be implemented under an environmental covenant.
(13) A description of additional items
necessary to develop the remedial action plan.
(14) A description of any water supply that
remains affected or diminished, the replacement system that was provided, the
analytical results of samples taken, and any maintenance or monitoring required
to ensure its functionality until the supply is no longer affected or
diminished.
(b) Following
submission of a complete remedial action plan selecting the background or
Statewide health standard, the Department will publish an acknowledgment of
receipt of the remedial action plan in the Pennsylvania
Bulletin and do one or more of the following:
(1) Review and approve the site
characterization report and remedial action plan as submitted.
(2) Review and approve the site
characterization report and remedial action plan with modifications made by the
Department.
(3) Review and
disapprove the site characterization report and remedial action plan, citing
deficiencies.
(4) Review and
disapprove the site characterization report and remedial action plan and
direct, require or order the responsible party to perform other tasks or make
modifications as prescribed by the Department.
(5) Review and disapprove the site
characterization report and remedial action plan, prepare a remedial action
plan or perform the remedial action in whole or in part, and recover, in
accordance with §
245.303(b)
(relating to general requirements), the Department's costs and expenses
involved in preparing the remedial action plan or performing the remedial
action.
(6) Publish a notice of its
final action in the Pennsylvania Bulletin.
(c) Following submission of a complete
remedial action plan selecting the site-specific standard, the Department will
publish an acknowledgment of receipt of the remedial action plan in the
Pennsylvania Bulletin and do one or more of the following:
(1) Review and approve the remedial action
plan as submitted.
(2) Review and
approve the remedial action plan with modifications made by the
Department.
(3) Review and
disapprove the remedial action plan, citing deficiencies.
(4) Review and disapprove the remedial action
plan and direct, require or order the responsible party to perform other tasks
or make modifications as prescribed by the Department.
(5) Review and disapprove the remedial action
plan, prepare a remedial action plan or perform the remedial action in whole or
in part, and recover, in accordance with §
245.303(b), the
Department's costs and expenses involved in preparing or performing the
remedial action plan.
(6) Publish a
notice of its final action in the Pennsylvania
Bulletin.
(d) A
remedial action plan is not required and no remedy is required if the
site-specific standard is chosen and no current or future exposure pathways
exist.
(e) The Department will take
one or more of the actions listed in subsection (b) within 60 days of receipt
of a remedial action plan to attain the background or Statewide health
standard, or the Department will take one or more of the actions listed in
subsection (c) within 90 days of receipt of a remedial action plan to attain
the site-specific standard. If the Department does not respond, in writing,
within the allotted time, the report and plan or plan shall be deemed approved,
unless the responsible party and the Department agree, in writing, to an
alternative time frame.
(f) If the
site characterization report and remedial action plan are submitted to the
Department at the same time, the Department will take one or more of the
actions listed in subsection (b) within 60 days of receipt of a report and plan
to attain the background or Statewide health standard, or the Department will
take one or more of the actions listed in subsection (c) within 90 days of
receipt of a report and plan to attain the site-specific standard. If the
Department does not respond, in writing, within the allotted time, the report
and plan shall be deemed approved, unless the responsible party and the
Department agree, in writing, to an alternative time frame.
Notes
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