R315-101-1. Purpose, Applicability

  (a) Purpose. R315-101 establishes information requirements to support risk-based cleanup and closure standards at sites for which remediation or removal of hazardous constituents to background levels will not be achieved. The procedures in this rule also provide for continued management of sites for which minimal risk-based standards cannot be met.

  (b) Applicability.

  (1) R315-101 is applicable to any responsible party involved in management of a site contaminated with hazardous waste or hazardous constituents. This rule does not apply to a site that has been or will be cleaned to background.

  (2) In the event of a release of hazardous waste or material which, when released, becomes hazardous waste, these requirements apply if the responsible party fails to clean up all the released material and any residue or contaminated soil, water or other material resulting from the release as required by R315-263-31. If the level of risk present at the site is below 1 x 10^-6 for carcinogens and a Hazard Index of less than or equal to one for non-carcinogens based on the risk assessment conducted in accordance with R315-101-5.2(b)(1) and the Director determines that ecological effects are insignificant based on the approved assessment conducted in accordance with R315-101-5.3(a)(8), the requirements of R315-9-3 shall be considered met.

  (3) The owner or operator of a hazardous waste management facility or a facility subject to interim status requirements shall meet the requirements of 40 CFR 265.110 through 120, incorporated by reference in Rule R315-265, and Sections R315-264-110 through 120 prior to implementation of any activities described in R315-101. The requirements of Subsections R315-270-1(c)(5) and (6) shall be met for a hazardous waste management unit if the level of risk present at the site is below 1 x 10^-6 for carcinogens and a Hazard Index of less than or equal to one for non-carcinogens based on the risk assessment conducted in accordance with R315-101-5.2(b)(1) and the Director determines that ecological effects are insignificant based on the approved assessment conducted in accordance with R315-101-5.3(a)(8). If these risk exposure criteria are met, a request for a risk-based closure may be submitted to the Director for review.

  (4) If the risk present at the site is greater than the exposure limit as defined in R315-101-1(b)(2) or (3) or the Director determines that ecological effects may be significant, then a risk-based closure will not be granted and appropriate management will be required and may include corrective action, post-closure care, monitoring, deed restrictions, and security of the site. For determinations of appropriate corrective action or management activities at a site, the following criteria shall be considered in order of importance:

  (a) The impact or potential impact of the contamination on the human health;

  (b) The impact or potential impact of the contamination on the environment;

  (c) The technologies available for use in clean-up; and

  (d) Economic considerations and cost-effectiveness of clean-up options.