30 Tex. Admin. Code § 335.166 - Corrective Action Program
An owner or operator required to establish a corrective action program must, at a minimum, discharge the following responsibilities.
(1) The owner or
operator must take corrective action to ensure that regulated units are in
compliance with the groundwater protection standard under §
335.158
of this title (relating to Groundwater Protection Standard). The commission
will specify the groundwater protection standard in the compliance plan,
including:
(A) a list of the hazardous
constituents identified under §
335.159 of
this title (relating to Hazardous Constituents);
(B) concentration limits under §
335.160 of
this title (relating to Concentration Limits) for each of those hazardous
constituents;
(C) the compliance
point under §
335.161 of
this title (relating to Point of Compliance); and
(D) the compliance period under §
335.162 of this
title (relating to Compliance Period).
(2) 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 plan will specify
the specific measures that will be taken.
(3) The owner or operator must begin
corrective action within a reasonable time period after the groundwater
protection standard is exceeded. The commission will specify that time period
in the plan. If a compliance plan includes a corrective action program in
addition to a compliance monitoring program, the plan will specify when the
corrective action will begin and such a requirement will operate in lieu of
§
335.165(12)(B)
of this title (relating to Compliance Monitoring Program).
(4) 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 under §
335.165
of this title and must be as effective as that program in determining
compliance with the groundwater protection standard under paragraph (5) of this
section, where appropriate.
(5) 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 under §
335.159 of
this title that exceed concentration limits under §
335.160 of
this title in groundwater between the compliance point under §
335.161 of
this title and the downgradient facility property boundary and beyond the
facility boundary, where necessary to protect human health and the environment,
unless the owner or operator demonstrates to the satisfaction of the executive
director 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/operator is 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. The plan will specify the measures to be taken.
(A) Corrective action measures under this
section must be initiated and completed within a reasonable period of time
considering the extent of contamination.
(6) 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, he 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 he can demonstrate, based on
data from the groundwater monitoring program under paragraph (4) of this
section, that the groundwater protection standard of §
335.158
of this title has not been exceeded for a period of three consecutive
years.
(7) The owner or operator
must report in writing to the executive director on the effectiveness of the
corrective action program. The owner or operator must submit these reports
annually.
(8) If the owner or
operator determines that the corrective action program no longer satisfies the
requirements of this section, he must, within 90 days, submit an application
for a plan modification to make any appropriate changes to the
program.
Notes
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