SECTION 252:515-9-133. No action

  The DEQ may approve a recommendation that no action is necessary if it can be demonstrated that:

(1)   the groundwater is also contaminated by substances that have originated from a source other than the facility and those substances are present in concentrations such that cleanup of the release from the facility would provide no significant reduction in risk to actual or potential receptors;

(2)   the contaminated groundwater:

(A)   is not currently or reasonably expected to be a useable source of water; and

(B)   is not hydraulically connected with waters to which the hazardous constituents are migrating, or are likely to migrate, in concentrations that would exceed the groundwater protection standards;

(3)   remediation of the release is technically impracticable; or

(4)   remediation would result in unacceptable cross-media impacts.

[Source: Added at 20 Ok Reg 1151, eff 6-1-03]