| (a) At any point after reviewing the information submitted
in compliance with §§334.76-334.78 of this title (relating to Initial
Response to Releases; Initial Abatement Measures and Site Check; and Site
Assessment), the agency may require owners or operators to submit additional
information or to develop and submit a corrective action plan for responding
to contaminated soils and groundwater. If a plan is required, owners and operators
must submit the plan according to a schedule and format established by the
agency. Alternatively, owners and operators may, after fulfilling the requirements
of §§334.76-334.78 of this title, choose to submit a corrective
action plan for responding to contaminated soil and groundwater. In either
case, owners and operators are responsible for submitting a plan that provides
for adequate protection of human health, safety, and the environment as determined
by the agency, and must modify their plan as necessary to meet this standard.
(b) The agency will approve the corrective action plan after
ensuring that implementation of the plan will adequately protect human health,
safety, and the environment as determined in §334.203 of this title (relating
to Risk Based Criteria for Establishing Target Concentrations) and to achieve
case closure criteria. In making this determination, the agency will consider
the following factors as deemed appropriate:
(1) the physical and chemical characteristics of the regulated
substance, including its toxicity, persistence, and potential for migration;
(2) the hydrogeologic characteristics of the facility and the
surrounding area;
(3) the proximity, quality, and current and future uses of
nearby surface water and groundwater;
(4) the potential effects of residual contamination on nearby
surface water and groundwater;
(5) an exposure assessment;
(6) a determination of the most effective and feasible method
of remediation;
(7) an estimate of the time to achieve cleanup;
(8) operation, monitoring, and performance plan; and
(9) any information assembled in compliance with this subchapter.
(c) Owners and operators shall submit information pertaining
to the items in subsection (b) of this section upon request of the agency.
(d) Any documents submitted as a corrective action plan which
do not contain all of the information required by this section shall not be
accepted or approved by the agency, may be returned by the agency, and shall
not qualify as a submitted corrective action plan for the purposes of this
chapter. Return of such documents by the agency does not prevent the owner
or operator from filing subsequent corrective action plan documentation.
(e) Upon approval of the corrective action plan or as directed
by the agency, owners and operators must implement the plan, including any
revisions to the plan as requested by the agency. They must monitor, evaluate,
and report the results of implementing the plan in accordance with a schedule
and in a format established by the agency.
(f) Owners and operators may, in the interest of minimizing
environmental contamination and promoting more effective cleanup, begin cleanup
of soil and groundwater before the corrective action is approved provided
that they:
(1) notify the agency of their intention to begin cleanup;
(2) comply with any conditions imposed by the agency, including
halting cleanup or mitigating adverse consequences from cleanup activities;
(3) incorporate these self-initiated cleanup measures in the
corrective action plan that is submitted to the agency for approval; and
(4) prior to discharge of any waste, obtain necessary authorization
from the agency.
(g) To verify the effectiveness of corrective action taken
by the owner or operator, the agency may require continued monitoring of soil,
vapors, groundwater, and/or surface water.
(h) Upon completion of corrective action taken in response
to the requirements of this section, the owner or operator must submit a statement
signed by the owner or operator which certifies that the requirements of this
section and the procedures in the approved corrective action plan have been
accomplished.
(i) The agency will issue a closure letter in response to the
certification of completion of corrective action requirements submitted by
the owner or operator as required in subsection (h) of this section.
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| Source Note: The provisions of this §334.81 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 |
