33.1-13-01-14. Corrective action plan.

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 and shall modify the plan as necessary to meet this standard. The department may require an owner or operator to submit additional information. The plan must be submitted according to a schedule and format established by the department.

2. After the approval of the corrective action plan after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the department may consider the following factors: a. The physical and chemical characteristics of the liquid fuel, including its toxicity, persistence, and potential for migration; b. The hydrogeologic characteristics of the tank location and the surrounding area; c. The proximity, quality, and current and future uses of nearby surface water and ground water; d. The potential effects of residual contamination on nearby surface water and ground water; e. An exposure assessment; f. Any information assembled in compliance with sections 33.1-13-01-09 through 33.1-13-01-14; and g. Any additional information requested by the department.

3. Upon approval of the corrective action plan or as directed by the department, owners and operators shall: a. Implement the plan, including any modifications to the plan made by the department; and b. Monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the department.

4. An owner or operator may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and ground water before the corrective action plan is approved if the owner or operator:

a. Notifies the department of the intention to begin cleanup;

b. Complies with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities;

c. Incorporates the self-initiated cleanup measures in the corrective action plan; and

d. Uses abatement of free product migration as a minimum objective for the design of the free product removal systems.