| (a) The facility owner or operator shall conduct an assessment
when, in the opinion of the agency, there exists a possibility of migration
of contaminants into or adjacent to waters in the state. The assessment shall
be capable of determining:
(1) whether petroleum-substance waste or petroleum-substance
waste constituents have entered the groundwater, surface water, or soils.
(2) the rate and extent of migration of any petroleum-substance
waste or petroleum-substance waste constituents in the soil, groundwater,
or surface water; and
(3) the concentrations of petroleum-substance waste or petroleum-substance
waste constituents in the soil, groundwater, or surface water.
(b) The owner or operator of the facility shall conduct corrective
action at the facility when, in the opinion of the agency, petroleum-substance
waste constituents exist in the soil, groundwater, or nearby surface water
at levels which are harmful to human health and safety or the environment.
(c) The corrective action program shall be capable of preventing
the migration of contaminants and shall prevent the contaminants from exceeding
the levels determined by the agency.
(d) The facility owner or operator shall ensure that the corrective
action measures under this subsection shall be initiated and completed within
a reasonable period of time as determined by the agency considering the extent
of contamination. The agency may issue additional directives should the corrective
action activities prove to not be effective in reducing the contaminant levels
at a sufficient rate.
(e) The facility owner or operator shall report in writing
to the agency the effectiveness of the corrective action program. The facility
owner or operator shall submit these reports to the agency's central office
and to the appropriate agency regional office upon request by the agency.
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