SECTION 252:517-9-7. Assessment of corrective measures

(a)   Assessment of corrective measures required. Within 90 days of finding that any constituent listed in Appendix B to this Chapter has been detected at a statistically significant level exceeding the groundwater protection standard defined under OAC 252:517-9-6(h), or immediately upon detection of a release from a CCR unit, the owner or operator must initiate an assessment of corrective measures to prevent further releases, to remediate any releases and to restore affected area to original conditions. A proposed plan and schedule for analyzing the release from the facility into the environment and for developing appropriate corrective action must be submitted to DEQ. The assessment of corrective measures must be completed within 90 days, unless the owner or operator demonstrates the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances. The owner or operator must obtain a certification from a qualified professional engineer attesting that the demonstration is accurate. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days. The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by OAC 252:517-9-1(e), in addition to the certification by a qualified professional engineer.

(b)   Continued monitoring. The owner or operator of the CCR unit must continue to monitor groundwater in accordance with the assessment monitoring program as specified in OAC 252:517-9-6.

(c)   Effectiveness of corrective measures. The assessment under paragraph (a) of this Section must include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under OAC 252:517-9-8 addressing at least the following:

(1)   The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(2)   The time required to begin and complete the remedy;

(3)   The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).

(d)   DEQ approval required. The owner or operator must submit the completed assessment of corrective measures to DEQ for approval and place the approved assessment in the facility's operating record. The assessment has been completed when it is placed in the facility's operating record as required by OAC 252:517-19-1(h)(10).

(e)   Public meeting. The owner or operator must discuss the results of the corrective measures assessment at least 30 days prior to the selection of remedy, in a public meeting with interested and affected parties. The requirements of public notice are as follows:

(1)   Public meeting required. Prior to the selection of a remedy, the results of the corrective measures assessment must be discussed in a public meeting.

(2)   Mail notifications required. By certified mail, return receipt requested, notice of the public meeting shall be given at least 30 calendar days prior to the date of the meeting to the following:

(A)   all persons who own the land or minerals or who reside on the land that directly overlies any part of the plume of contamination and within one year time of travel if contaminants have migrated off-site; and

(B)   boards of County Commissioners, incorporated municipalities, rural water districts and conservation districts within a three-mile radius of the facility.

(C)   Legal notice of the public meeting shall be published at least 10 calendar days prior to the date of the meeting in accordance with forms and instructions provided by the DEQ.

(3)   Copies to DEQ. Prior to the public meeting, the DEQ shall be provided with:

(A)   an affidavit from the publisher (accompanied by a copy of the published notice), showing the date of publication;

(B)   copies of certified mail receipts for those persons identified in (b) of this Section; and

(C)   a cadastral (property ownership) map and a mineral ownership map covering the area within a two (2) mile radius of the facility.

(f)   Recordkeeping. The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in OAC 252:517-19-1(h), the notification requirements specified in OAC 252:517-19-2(h), and the Internet requirements specified in OAC 252:517-19-3(h).

[Source: Added at 33 Ok Reg 1469, eff 9-15-16]