Sec. 26.13.05.06-6. Corrective Action Program

A. Corrective Action Program Content. An owner or operator required to establish a corrective action program under this regulation shall, at a minimum, discharge the following responsibilities:

(1) Take corrective action measures to ensure that regulated units are in compliance with the ground water protection standards under Regulation .06-1A of this chapter specified by the Secretary in the facility permit, including:

(a) A list of the hazardous constituents identified under Regulation .06-1B of this chapter;

(b) The concentration limits under Regulation .06-1C of this chapter for each of those hazardous constituents in §A(1)(a) of this regulation;

(c) The compliance point under Regulation .06-1D of this chapter; and

(d) The compliance period under Regulation .06-1E of this chapter;

(2) Implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place, in accordance with the measures specified in the facility permit;

(3) Begin corrective action within a reasonable time period after the ground water protection standard is exceeded, as specified by the Secretary in the facility permit;

(4) In conjunction with the corrective action program, establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program;

(5) Ensure that the ground water monitoring program, under §A(4) of this regulation, which may be based on the requirements for a compliance monitoring program under Regulation .06-5 of this chapter, is as effective as the compliance monitoring program in determining:

(a) Compliance with the ground water protection standard under Regulation .06-1A of this chapter; and

(b) The success of a corrective action program under §A(6) of this regulation, when appropriate;

(6) Comply with the following requirements for the corrective action program:

(a) In addition to the other requirements of this chapter, conduct a corrective action program to remove or treat in place any hazardous constituents under Regulation .06-1B of this chapter that exceed concentration limits under Regulation .06-1C of this chapter in ground water:

(i) Between the compliance point under Regulation .06-1D of this chapter and the downgradient facility property boundary, and

(ii) Beyond the facility boundary when necessary to protect human health and the environment, except as provided in §A(6)(b) of this regulation;

(b) Instead of the requirements of §A(6)(a)(ii) of this regulation to conduct a corrective action program beyond the facility boundary, implement on-site measures as determined by the Secretary on a case-by-case basis to address any release that has migrated beyond the facility boundary, if the owner or operator is able to demonstrate to the Secretary's satisfaction that, despite best efforts, the owner or operator was unable to obtain the necessary permission to undertake a corrective action program beyond the facility boundary;

(c) Initiate and complete corrective action measures under this regulation within a reasonable period of time, considering the extent of contamination;

(d) Continue implementing corrective action measures under this regulation at least until the concentrations of hazardous constituents under Regulation .06-1B of this chapter are reduced to levels below their respective concentration limits under Regulation .06-1C of this chapter.

B. Program Duration, Reporting Requirements, and Modification. An owner or operator required to conduct a corrective action program under the requirements of this regulation shall:

(1) Comply with the following requirements concerning the duration of corrective action measures:

(a) Continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded,

(b) If the owner or operator is conducting corrective action at the end of the compliance period, continue the corrective action for as long as necessary to achieve compliance with the ground water protection standard,

(c) Continue corrective action measures taken beyond the period equal to the active life of the waste management area, including the closure period, at least until the owner or operator can demonstrate, based on data from the ground water monitoring program under §A(4) and (5) of this regulation, that the ground water protection standard of Regulation .06-1A of this chapter has not been exceeded for a period of 3 consecutive years;

(2) Report in writing to the Secretary on the effectiveness of the corrective action program through reports submitted semiannually;

(3) Within 90 days of determining that the corrective action program no longer satisfies the requirements of this regulation, submit an application for a permit modification to make any appropriate changes to the program.