R315-319-98. Groundwater Monitoring and Corrective Action Implementation of the Corrective Action Program

  (a) Within 90 days of selecting a remedy under Subsection R315-319-97, the owner or operator shall initiate remedial activities. Based on the schedule established under Subsection R315-319-97(d) for implementation and completion of remedial activities the owner or operator shall:

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

  (i) At a minimum, meets the requirements of an assessment monitoring program under Subsection R315-319-95;

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

  (iii) Demonstrates compliance with the groundwater protection standard pursuant to Subsection R315-319-98(c).

  (2) Implement the corrective action remedy selected under Subsection R315-319-97; 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 shall, 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 Subsection R315-319-97. The following factors shall be considered by an owner or operator in determining whether interim measures are necessary:

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

  (ii) Actual or potential exposure of nearby populations or environmental receptors to any of the constituents listed in appendix IV of Rule R315-319;

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

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

  (v) Weather conditions that may cause any of the constituents listed in appendix IV to this part to migrate or be released;

  (vi) Potential for exposure to any of the constituents listed in appendix IV to Rule R315-319 as a result of an accident or failure of a container or handling system; and

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

  (b) If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of Subsection R315-319-97(b) is not being achieved through the remedy selected, the owner or operator shall, with approval of the Director, implement other methods or techniques that could feasibly achieve compliance with the requirements.

  (c) Remedies selected pursuant to Subsection R315-319-97 shall be considered complete when:

  (1) The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under Subsection R315-319-95(h) has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under Subsection R315-319-91 and has received Director approval.

  (2) Compliance with the groundwater protection standards established under Subsection R315-319-95(h) has been achieved by demonstrating that concentrations of constituents listed in appendix IV to Rule R315-319 have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in Subsection R315-319-93(f) and (g).

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

  (d) All CCR that are managed pursuant to a remedy required under Section R315-319-97, or an interim measure required under Subsection R315-319-98(a)(3), shall be managed in a manner that complies with all applicable Utah requirements.

  (e) Upon completion of the remedy, the owner or operator shall prepare a notification stating that the remedy has been completed. The notification shall be submitted to and be approved by the Director. The owner or operator shall obtain a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of Subsection R315-319-98(c). The report has been completed when it is placed in the operating record as required by Subsection R315-319-105(h)(13).

  (f) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in Subsection R315-319-105(h), the notification requirements specified in Subsection R315-319-106(h), and the internet requirements specified in Subsection R315-319-107(h).