(a) To determine the full extent and location of soils contaminated
by the release, the presence and concentrations of dissolved regulated substance
contamination in the groundwater, and the risk associated with the release,
owners and operators must conduct investigations of the release, the release
site, and the surrounding area (including adjacent areas not under ownership
by the owner or operator) as necessary to determine the extent of the release
if any of the following conditions exist:
(1) there is evidence that groundwater wells have been affected
by the release (e.g., as found during release confirmation or previous corrective
action measures);
(2) Non-Aqueous Phase Liquid is found to need recovery in compliance
with §334.79 of this title (relating to Removal of Non-Aqueous Phase
Liquids (NAPLs));
(3) there is evidence that contaminated soils may be in contact
with groundwater (e.g., as found during conduct of the initial response measures
or investigations required under §§334.75-334.79 of this title (relating
to Reporting and Cleanup of Surface Spills and Overfills; Initial Response
to Releases; Initial Abatement Measures and Site Check; Site Assessment; and
Removal of Non-Aqueous Phase Liquids (NAPLs)); or
(4) the agency requests an investigation, based on the potential
effects of contaminated soil or groundwater on nearby surface water or groundwater
resources.
(b) Owners and operators must submit the information collected
under subsection (a) of this section as soon as practicable, or in accordance
with a schedule established by the agency.
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Source Note: The provisions of this §334.80 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442 |