PURPOSE: This rule lists the requirements for corrective action plans for cleanup of releases from underground storage tank sites.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment, as determined by the department, after fulfilling the requirements for release reporting and investigation in 10 CSR 20-10.061— 10 CSR 20-10.063. Owners and operators must modify their plan as necessary to meet this standard.

   1. (A) The department may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater at any point after reviewing the information submitted for release reporting and investigation in 10 CSR 20-10.061—10 CSR 20-10.063. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the department.
   2. (B) Owners and operators may choose to submit a corrective action plan for responding to contaminated soil and groundwater after fulfilling the requirements of 10 CSR 20-10.061—10 CSR 20-10.063.

2. (2) The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety and the environment. In making this determination the department should 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 future uses of nearby surface and ground water;
   4. (D) The potential effects of residual contamination on nearby surface and ground water;
   5. (E) An exposure assessment; and
   6. (F) Any information assembled in 10 CSR 20-10.060—10 CSR 20-10.067.
3. (3) Upon approval of the corrective action plan, or as directed by the department, owners and operators must implement the plan including modifications to the plan made by the department. Owners and operators must monitor, evaluate and report the results of implementing the plan in accordance with a schedule and in a format established by the department.

4. (4) Owners and operators, in the interest of minimizing environmental contamination and promoting more effective clean-up, may begin clean-up of soil and groundwater before the corrective action plan is approved provided that they—

   1. (A) Notify the department of their intention to begin clean-up;
   2. (B) Comply with any conditions imposed by the department, including halting clean-up or mitigating adverse consequences from clean-up activities; and
   3. (C) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval.
5. (5) Owners and operators shall follow a written procedure. To comply with this rule, the department’s Corrective Action Guidance Document may be used as a written procedure. Other written procedures may be used with prior written approval of the department.

AUTHORITY: sections 319.109, Supp. 1989 and 644.026, RSMo Supp. 1993.* Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. *Original authority: 319.109, RSMo 1989 and 644.026, RSMo 1972, amended 1973, 1987, 1993.