(a) The department shall approve the remedial action plan upon determining that:
- (1) Human health and the environment will be protected;
- (2) The groundwater quality criteria specified in Env-Or 603.01 will be met;
- (3) Sources of contamination will be controlled to reduce or eliminate further discharges;
- (4) Contaminated soil will be removed, treated, or contained to reduce the human health risk associated with direct exposure via dermal contact, ingestion, and inhalation;
- (5) The risk to human health and the environment will be reduced to the greatest extent practicable, balancing costs and benefits by evaluating the risk to human health and the environment by the methods described in the ASTM E2081-22 entitled “Standard Guide for Risk Based Corrective Action” (ASTM E2081-22), dated 2022, available as noted in Appendix B;
- (6) Long-term management, including operation and maintenance of the remediation equipment and site monitoring requirements, will be minimized;
- (7) The potential need for modification of the remedy will be minimized;
- (8) Resource value of groundwater impacted by the contamination will be protected to the greatest extent practicable taking into account current and anticipated future land use;
- (9) Long-term institutional and engineering controls will be reliable based on existing site conditions and reasonably foreseeable future changes in site conditions; and
- (10) Financial assurance as required by Env-Or 606.20 and Env-Or 606.21 will be available.
- (b) If the department notifies the responsible party in writing that the information submitted in the remedial action plan is insufficient to make a determination or approve the remedial action plan pursuant to Env-Or 606.13(a), the responsible party shall submit a revised remedial action plan within 60 days, unless an alternate schedule is agreed to in writing by the responsible party and the department.
Source. (See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15; ss by #14419, eff 11-4-25, EXPIRES: 11-4-35