(a) Corrective measure selection.

1. (1) Based on the results of the corrective measures assessment conducted under 8 CAR § 60-1206, the owner or operator must select a remedy that, at a minimum, meets the standards listed in subsection (b) of this section.
2. (2) The owner or operator must notify the Director of the Division of Environmental Quality within fourteen (14) days of selecting a remedy that a report describing the selected remedy has been placed in the operating record and how it meets the standards in subsection (b) of this section.

(b) Selection criteria. Remedies must:

1. (1) Be protective of human health and the environment;
2. (2) Attain the ground water protection standard as specified pursuant to 8 CAR § 60-1205(h) or 8 CAR § 60-1205(i);
3. (3) Control the source or sources of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of Appendix 2 constituents into the environment that may pose a threat to human health or the environment; and
4. (4) Comply with standards for management of wastes as specified in 8 CAR § 60-1208(d).

(c) Evaluation criteria. In selecting a remedy that meets the standards of subsection (b) of this section, the owner or operator shall consider the following evaluation factors:

1. (1) The long-term and short-term effectiveness and protectiveness of the potential remedy or remedies, along with the degree of certainty that the remedy will prove successful based on consideration of the following:

   1. (A) Magnitude of reduction of existing risks;
   2. (B) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;
   3. (C) The type and degree of long-term management required, including:

(i) Monitoring;

1. (ii) Operation; and

   1. (iii) Maintenance;
   2. (D) Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal or containment;
   3. (E) Time until full protection is achieved;
   4. (F) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;
   5. (G) Long-term reliability of the engineering and institutional controls; and
   6. (H) Potential need for replacement of the remedy;

2. (2) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

   1. (A) The extent to which containment practices will reduce further releases; and
   2. (B) The extent to which treatment technologies may be used;

3. (3) The ease or difficulty of implementing a potential remedy or remedies based on consideration of the following types of factors:

   1. (A) Degree of difficulty associated with constructing the technology;
   2. (B) Expected operational reliability of the technologies;
   3. (C) Need to coordinate with and obtain necessary approvals and permits from other agencies;
   4. (D) Availability of necessary equipment and specialists; and
   5. (E) Available capacity and location of needed treatment, storage, and disposal services;
4. (4) Practicable capability of the owner or operator, including a consideration of the technical and economic capability; and

5. (5) The degree to which community concerns are addressed by a potential remedy or remedies.

   1. (d) Schedule.

6. (1)

   1. (A) The owner or operator shall specify as part of the selected remedy a schedule for initiating and completing remedial activities.
   2. (B) Such a schedule must require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in the following subdivisions (d)(2)(A) – (H) of this section.

7. (2) The owner or operator must consider the following factors in determining the schedule of remedial activities:

   1. (A) Extent and nature of contamination;
   2. (B) Practical capabilities of remedial technologies in achieving compliance with ground water protection standards established under 8 CAR § 60-1205(g) or 8 CAR § 60-1205(h) and other objectives of the remedy;
   3. (C) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;
   4. (D) Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;
   5. (E) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;

   6. (F) Resource value of the aquifer including:

      1. (i) Current and future uses;
      2. (ii) Proximity and withdrawal rate of users;
      3. (iii) Ground water quantity and quality;
      4. (iv) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituent;
      5. (v) The hydrogeologic characteristic of the facility and surrounding land;
      6. (vi) Ground water removal and treatment costs; and
      7. (vii) The cost and availability of alternative water supplies;
   7. (G) Practicable capability of the owner or operator; and
   8. (H) Other relevant factors.

(e) Corrective action unnecessary. The director may determine that remediation of a release of an Appendix 1, Appendix 2, or Appendix 3 constituent from a landfill is not necessary if the owner or operator demonstrates to the director that:

1. (1) The ground water is additionally contaminated by substances that have originated from a source other than a landfill and those substances are present in concentrations such that cleanup of the release from the landfill would provide no significant reduction in risk to actual or potential receptors;

2. (2) The constituent or constituents is present in ground water that:

   1. (A) Is not currently or reasonably expected to be a source of drinking water; and
   2. (B) Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration that would exceed the ground water protection standards established under 8 CAR § 60-1205(h) or 8 CAR § 60-1205(i);
3. (3) Remediation of the release is technically impracticable; or
4. (4) Remediation results in unacceptable cross-media impacts.