6207 CORRECTIVE ACTION PLAN AND ITS IMPLEMENTATION

6207.1 At any point after a release is confirmed, the Director may require the responsible party to develop and submit a corrective action plan (CAP) for remediating chemicals of concern in soil and ground water. The CAP shall be submitted according to a schedule and format established by the Director. A responsible party may, after fulfilling the requirements of §§ 6203.9 through 6206 of this chapter, voluntarily submit a CAP for responding to contaminated soil and ground water.

6207.2 The responsible party shall submit a plan that provides for adequate protection of human health in accordance with section 6206.4(c) (maximum tolerable human health risks) and the environment, as determined by the Director, and shall modify the corrective action plan as necessary to meet this standard.

6207.3 A CAP shall propose a corrective action option for the site that will:

(a) Perform active or passive remediation at the site within a reasonable period of time to achieve the criteria stated in §§ 6203.9(a), 6203.13 and 6204.1;

(b) Ensure that measurable non-aqueous phase liquids will not exist or are no longer recoverable at the site; and

(c) Provide appropriate measures to protect those environmentally sensitive receptors that were identified in the comprehensive site assessment;

(d) Remediate the site to one (1) of the following standards:

(1) Achieve the Tier 1 risk-based screening levels set forth in §§ 6209;

(2) Achieve Tier 2 site-specific target levels (SSTLs) approved by the Director; or

(3) Where the Responsible Party has elected to perform a Tier 2 evaluation the CAP shall:

i. Reduce levels of chemicals of concern to achieve the Tier 2 SSTLs approved by the Director;

ii. If applicable, provide for engineering and/or institutional controls acceptable to the Director; and/or

iii. Provide for monitoring of the site over a specified period of time to provide technically based assurances that the chemicals of concern on the site will not adversely impact human health, safety or the environment under present, or reasonably foreseeable future uses of the site.

6207.4 A CAP shall provide for proper disposal of the contaminated soils removed from the ground, and shall not permit the placement of contaminated soils that exceed Tier 0 standards back into the ground for the purposes of in situ remediation or storage, unless specifically agreed to by the Director.

6207.5 A site-specific Quality Assurance/Quality Control (QA/QC) Plan for the activities to be carried out during implementation of the CAP must be prepared prior to the implementation of any site

activities. The QA/QC Plan shall cover all actions proposed in the CAP, and shall comply with any Departmental guidelines.

6207.6 A site-specific Health and Safety Plan, that addresses all applicable federal Occupational Safety and Health Administration (OSHA) regulations shall be prepared in conjunction with the corrective action plan.

6207.7 Within sixty (60) days after receipt of a CAP, the Director shall approve or disapprove each CAP. Approval shall be given to a plan only after the Director determines, to his or her satisfaction, that implementation of the CAP will adequately protect human health, safety, and the environment. In making this determination, the Director may consider the following factors, as appropriate:

1. (a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
2. (b) The hydrogeologic characteristics of the facility and the surrounding area;
3. (c) The proximity, quality, and current and reasonably foreseeable future uses of nearby surface water and ground-water;
4. (d) The potential effects of residual chemicals of concern on nearby surface water (creeks, ponds, lakes and rivers) and ground water;
5. (e) Potential risk to human health or the environment based upon current and reasonably foreseeable future uses of the site;
6. (f) The estimated timetable for completion of the remediation; and
7. (g) Any information assembled in compliance with this chapter.

6207.8 The Director's approval may contain a determination whether the proposed corrective action is an active or passive corrective action. Passive corrective action may include the following technologies:

1. (a) Monitoring of natural attenuation;
2. (b) Non-pressurized positive or negative subsurface venting;
3. (c) Injection of biological or chemical agents designed to enhance attenuation of subsurface contamination; and
4. (d) Any other alternative procedure on a case-by-case basis, as determined by the Director.

6207.9 If such action will minimize environmental contamination and promote more effective corrective action, the responsible party may begin remediation of soil and ground-water before the formal corrective action plan is approved; provided, that the responsible party:

1. (a) Notifies the Director and the impacted party(ies) of his or her intention to begin remediation, obtains a provisional acceptance letter from the Director and provides the Director with an opportunity to inspect the site during the corrective action.

2. (b) Complies with any conditions imposed by the Director, including halting remediation or mitigating adverse consequences from clean-up activities; and

3. (c) Incorporates these self-initiated remediation measures in the corrective action plan (CAP) that is submitted to the Director for approval.6207.10 A responsible party may submit a written request for waiver of the Director's approval of the CAP and begin implementation of the CAP, provided, that the responsible party:- (a) Has satisfactorily performed another corrective action under the District's Underground Storage Tank Division oversight, within the three (3) years immediately preceding the current request for a waiver of CAP approval;

4. (d) Notifies the Director of his or her intention to begin remediation and provides the Director with an opportunity to inspect the site during the corrective action; and
5. (e) Complies with any conditions imposed by the Director, including halting remediation or mitigating adverse consequences from clean-up activities.6207.11 Except as provided in §§ 6207.9 and 6207.10, after approval of the corrective action plan, the responsible party shall begin implementation of the plan as approved, including modifications to the plan made by the Director, within thirty (30) days, or in accordance with a schedule agreed to by the Director.6207.12 Except as provided in §§ 6207.9 and 6207.10, the responsible party shall provide the Director with an opportunity to inspect the site prior to implementation of the plan.6207.13 The responsible party shall monitor, evaluate, and report the results of implementing the plan in a format established by the Director, at least quarterly, or in accordance with a time schedule approved by the Director.6207.14 The responsible party may apply to the Director for modifications of the CAP. The responsible party shall not implement any modifications until approved by the Director.6207.15 If the Director determines that the implemented corrective actions are not achieving adequate protection of human health and the environment, the Director may require additional responses to be taken.6207.16 The responsible party and the Director shall evaluate the effectiveness of each corrective action plan or amendment to the plan at the end of one (1) year of implementation of the plan or amendment to determine whether additional measures must be implemented to protect human health and the environment.6207.17 The Director may, on a case-by-case basis, approve an alternative procedure for remediation of petroleum contaminants from the past releases provided that the responsible party submits a written description of the alternative procedure to the Director and demonstrates to the satisfaction of the Director that compliance with the prescribed procedures is not practical or not feasible, or that the proposed alternative provides equivalent control of petroleum cleanups.

SOURCE: Final Rulemaking published at 40 DCR 7835, 7890 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).