1. (a) Corrective action implementation. Based on the schedule established under 8 CAR § 60-1207(d) for initiation and completion of remedial activities, the owner or operator must:

   1. (1) Establish and implement a corrective action ground water monitoring program that:

      1. (A) At a minimum, meets the requirements of an assessment monitoring program under 8 CAR § 60-1205;
      2. (B) Indicates the effectiveness of the corrective action remedy; and
      3. (C) Demonstrates compliance with the ground water protection standards pursuant to subsection (e) of this section;
   2. (2) Implement the corrective action remedy selected under 8 CAR § 60-1207; and

   3. (3)

      1. (A) Take any interim measures necessary to ensure the protection of human health and the environment.
      2. (B) Interim measures should, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to 8 CAR § 60-1207.
      3. (C) The following factors must be considered by an owner or operator in determining whether interim measures are necessary:

2. (i) Time required to develop and implement a final remedy;

   1. (ii) Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

      1. (iii) Actual or potential contamination of drinking water supplies or sensitive ecosystems;

         1. (iv) Further degradation of the ground water that may occur if remedial action is not initiated expeditiously;
         2. (v) Weather conditions that may cause hazardous constituents to migrate or be released;
         3. (vi) Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and
         4. (vii) Other situations that may pose threats to human health and the environment.

3. (b) Corrective action ineffectiveness.

   1. (1) An owner or operator may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of 8 CAR § 60-1207(b) are not being achieved through the remedy selected.

   2. (2) In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under subsection (c) of this section.

      1. (c) Compliance cannot be achieved. If the owner or operator determines that compliance with the requirements under 8 CAR § 60-1207(b) cannot be practically achieved with any currently available methods, the owner or operator must:
   3. (1) Obtain certification of a qualified ground water scientist or approval by the Director of the Division of Environmental Quality that compliance with requirements under 8 CAR § 60-1207(b) cannot be practically achieved with any currently available methods;
   4. (2) Implement alternate measures to control exposure of humans or the environment to residual contamination as necessary to protect human health and the environment;

   5. (3) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

      1. (A) Technically practicable; and
      2. (B) Consistent with the overall objective of the remedy; and

   6. (4) Notify the director within fourteen (14) days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating record.

      1. (d) Corrective action solid waste management. All solid wastes that are managed pursuant to a remedy required under 8 CAR § 60-1207, or an interim measure required under subdivision (a)(3) of this section, shall be managed in a manner that:
   7. (1) Is protective of human health and the environment; and
   8. (2) Complies with applicable RCRA requirements.

4. (e) Corrective action completed. Remedies selected pursuant to 8 CAR § 60-1207 shall be considered complete when:

   1. (1) The owner or operator complies with the ground water protection standards established under 8 CAR § 60-1205(h) or 8 CAR § 60-1205(i) at all points within the plume of contamination that lie beyond the ground water monitoring well system established under 8 CAR § 60-1202(a);

   2. (2)

      1. (A) Compliance with the ground water protection standards established under 8 CAR § 60-1205(h) or 8 CAR § 60-1205(i) has been achieved by demonstrating that concentrations of assessment monitoring constituents have not exceeded the ground water protection standards for a period of three (3) consecutive years using the statistical procedures and performance standards in 8 CAR § 60-1203(g) and (h).

      2. (B) The director may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of assessment monitoring constituents have not exceeded the ground water protection standard or standards taking into consideration:

         1. (i) Extent and concentration of the release or releases;
         2. (ii) Behavior characteristics of the hazardous constituents in the ground water;
         3. (iii) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and
         4. (iv) Characteristics of the ground water; and
   3. (3) All actions required to complete the remedy have been satisfied.

5. (f) Certification and Division of Environmental Quality notification.

   1. (1) Upon completion of the remedy, the owner or operator must notify the director within fourteen (14) days that a certification that the remedy has been completed in compliance with the requirements of subsection (e) of this section has been placed in the operating record.
   2. (2) The certification must be signed by the owner or operator and by a qualified ground water scientist or approved by the director.
6. (g) Release of financial assurance. When, upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements under subsection (e) of this section, the owner or operator shall be released from the requirements for financial assurance for corrective action under 8 CAR § 60-1404.

Codification Notes: The Resource Conservation and Recovery Act (RCRA), Pub. L. No. 94-580, is codified generally at 42 U.S.C. § 6901 et seq.