SECTION 252:517-9-9. Implementation of the corrective action program

(a)   Requirements. Within 90 days of selecting a remedy under OAC 252:517-9-8, the owner or operator must initiate remedial activities. Based on the schedule established under OAC 252:517-9-8(d) for implementation and completion of remedial activities the owner or operator must:

(1)   Establish and implement a corrective action groundwater monitoring program that:

(A)   At a minimum, meets the requirements of an assessment monitoring program under OAC 252:517-9-6;

(B)   Documents the effectiveness of the corrective action remedy; and

(C)   Demonstrates compliance with the groundwater protection standard pursuant to paragraph (c) of this Section.

(2)   Implement the corrective action remedy selected under OAC 252:517-9-8; and

(3)   Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and/or potential exposures to human or ecological receptors. Interim measures must, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to OAC 252:517-9-8. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:

(A)   Time required to develop and implement a final remedy;

(B)   Actual or potential exposure of nearby populations or environmental receptors to any of the constituents listed in Appendix B of this Chapter;

(C)   Actual or potential contamination of drinking water supplies or sensitive ecosystems;

(D)   Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

(E)   Weather conditions that may cause any of the constituents listed in Appendix B to this Chapter to migrate or be released;

(F)   Potential for exposure to any of the constituents listed in Appendix B to this Chapter as a result of an accident or failure of a container or handling system; and

(G)   Other situations that may pose threats to human health and the environment.

(b)   Compliance not achieved. If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of OAC 252:517-9-8(b) is not being achieved through the remedy selected, the owner or operator must provide a certification from a qualified groundwater scientist and submit proposed alternative methods for DEQ approval prior to implementing other methods or techniques that could feasibly achieve compliance with the requirements.

(c)   Remedies complete. Remedies selected pursuant to OAC 252:517-9-8 shall be considered complete when:

(1)   The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under OAC 252:517-9-6(h) has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under OAC 252-517-9-2.

(2)   Compliance with the groundwater protection standards established under OAC 252:517-9-6(h) has been achieved by demonstrating that concentrations of constituents listed in Appendix B to this Chapter have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in OAC 252:517-9-4(f) and (g).

(3)   All actions required to complete the remedy have been satisfied.

(d)   Compliance with RCRA. All CCR that are managed pursuant to a remedy required under OAC 252:517-9-8, or an interim measure required under paragraph (a)(3) of this Section, shall be managed in a manner that complies with all applicable RCRA requirements.

(e)   Certification of completion. Upon completion of the remedy, the owner or operator must prepare a notification stating that the remedy has been completed. The owner or operator must obtain a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of paragraph (c) of this Section and submit to DEQ for approval. The report has been completed when it has been approved by DEQ and is placed in the operating record as required by OAC 252:517-19-1(h)(13).

(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]