R315-308-3. Corrective Action Program

  (1) If, within 90 days, a successful demonstration as stated in Subsection R315-308-2(13)(e) is not made, the owner or operator must:

  (a) continue to monitor as required in Subsection R315-308-2(12)(d).

  (b) take any interim measures as required by the Director or as necessary to ensure the protection of human health and the environment; and

  (c) assess possible corrective action measures for the current conditions and circumstances of the disposal facility, addressing at least the following:

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

  (ii) time required to begin and complete the remedy;

  (iii) the costs of remedy implementation;

  (iv) public health or environmental requirements that may substantially affect implementation of the remedy; and

  (v) prior to the selection of a remedy, discuss the results of the corrective measures assessment in a public meeting with interested and affected parties.

  (d) Based on the results of the corrective measures assessment conducted and the comments received in the public meeting, the owner or operator must select a remedy which shall be submitted to the Director.

  (i) The corrective action remedy must:

  (A) be protective of human health and the environment;

  (B) use permanent solutions that are within the capability of best available technology;

  (C) attain the established ground water quality standard;

  (D) control the sources of release so as to reduce or eliminate, to the maximum extent practicable, further releases of contaminants into the environment that may pose a threat to human health or the environment; and

  (E) be approved by the Director.

  (ii) Within 14 days after the selection of the remedy the owner or operator must:

  (A) amend the corrective action program required by Subsection R315-302-2(2)(e) if necessary and send a report to the Director for approval describing the selected remedy and amendments, along with a schedule of implementation and estimated time of completion; and

  (B) put in place the financial assurance mechanism as required by Rule R315-309 for corrective action and notify the Director of the financial assurance mechanism and its effective date.

  (2) Upon approval of the selected corrective action remedy, the Director will notify the owner or operator of such approval and will require that the corrective action plan proceed according to the approved schedule.

  (a) The Director may also require facility closure if the ground water quality standard is exceeded and, in addition, may revoke any permit and require reapplication.

  (b) The Director or the owner or operator may determine, based on information developed after implementation of the corrective action plan, that compliance with the requirements of Subsection R315-308-3(1)(d)(i) of this section are not being achieved through the remedy selected. In such a case, the owner or operator must implement other methods or techniques, upon approval by the Director, that could practicably achieve compliance with the requirements.

  (c) Upon completion of the remedy, the owner or operator shall notify the Director. The notification shall contain certification signed by the owner or operator and a qualified ground-water scientist that the concentration of contaminant constituents have been reduced to levels below the specified limits of the ground water quality standard for a period of three years or an alternative length of time specified by the Director. Upon approval of the Director the owner or operator shall:

  (i) terminate corrective action measures;

  (ii) continue detection monitoring as required in Subsection R315-308-2(5)(b); and

  (iii) be released from the requirements of financial assurance for corrective action.