SECTION 165:29-3-80. Remedial Action Plan

(a)   At any point after reviewing the information submitted, PSTD may require additional information or a Remedial Action Plan for contaminated soils and groundwater. If a plan is required, it must be submitted in the online format specified by PSTD.

(b)   PSTD will approve a Remedial Action Plan only after the Licensed Environmental Consultant ensures that implementation of the plan will adequately protect human health, safety, and the environment as determined by using the process outlined in the ORBCA Guidance Document.

(c)   As directed by PSTD, the owner or operator must implement the Remedial Action Plan, including any modifications to the plan made by PSTD. Implementation for the purposes of this Chapter means that the Remedial Action Plan approved by PSTD is fully operational and is performing the task for which it was designed.

(d)   The owner or operator will be required to perform remediation and compliance monitoring as directed by PSTD.

(e)   The owner or operator may, with verbal pre-approval documented by fax or email of PSTD staff, begin cleanup of soil and groundwater before the Remedial Action Plan is approved, provided that the owner or operator:

(1)   Notify PSTD of the intention to begin cleanup at least seven days prior to initiating any cleanup action, unless it is an emergency.

(2)   Comply with any conditions imposed by PSTD, including halting cleanup or mitigating adverse consequences from cleanup activities.

(3)   Incorporate these self-initiated cleanup measures in the Remedial Action Plan or closure by risk assessment that is submitted to PSTD for approval.

[Source: Added at 17 Ok Reg 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785, eff 7-1-05; Amended at 32 Ok Reg 811, eff 8-27-15; Amended at 37 Ok Reg 1157, eff 10-1-20]