At sites where investigations under §334.77 of this title (relating
to Initial Abatement Measures and Site Check), or by other means, indicate
the presence of Non-Aqueous Phase Liquids (NAPLs), owners and operators must
remove NAPLs to the maximum extent practicable as determined by the agency
while continuing, as necessary, any actions required under §334.80 and §334.81
of this title (relating to Investigations for Soil and Groundwater Cleanup;
and Corrective Action Plan). In meeting the requirements of this section,
owners and operators must:
(1) conduct NAPL removal in a manner that minimizes the spread
of contamination into previously uncontaminated zones by using recovery and
disposal techniques appropriate to the hydrogeologic conditions at the site,
and that properly treats, discharges, or disposes of recovery by-products
in compliance with applicable local, state, and federal regulations;
(2) abate the migration of NAPLs as a minimum objective for
the design of the NAPL recovery system;
(3) handle any regulated substances in a safe and competent
manner to prevent fires, explosions, or other health hazards; and
(4) unless directed to do otherwise, prepare and submit to
the agency, within 45 days after confirming a release, a product recovery
report that provides at least the following information:
(A) the name of the person(s) responsible for implementing
the NAPL removal measures;
(B) the estimated quantity, type, and thickness of NAPL observed
or measured in wells, boreholes, and excavations;
(C) detailed information pertaining to the type of NAPL recovery
system used;
(D) whether any discharge will take place on-site or off-site
during the recovery operation and where this discharge will be located;
(E) the type of treatment applied to, and the effluent quality
expected from any discharge;
(F) the steps that have been, or are being taken to obtain
necessary permits or other authorizations for any discharge;
(G) the disposition of the recovered NAPL; and
(H) any other related information requested by the agency.
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