Sec. 26.13.05.06-7. Corrective Action for Solid Waste Management Units

A. The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment from all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.

B. Corrective action shall be specified in the permit. If the corrective action cannot be completed before issuance of the permit, the permit shall contain schedules of compliance for the corrective action and assurances of financial responsibility for completing the corrective action.

C. Except as provided in §D of this regulation, in complying with the requirements of §A of this regulation, the owner or operator shall implement corrective actions beyond the facility property boundary when necessary to protect human health and the environment.

D. The owner or operator is not subject to the requirement of §C of this regulation to implement corrective actions beyond the facility property boundary if the owner or operator is able to demonstrate to the Secretary's satisfaction that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the corrective actions. Instead, the owner or operator shall 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, and provide assurances of financial responsibility for the corrective action.