| (2) Off-site POEs for off-site properties with class 2 groundwater which currently contains the residential-based groundwater PCLE zone. The person may establish an alternate off-site POE to class 2 groundwater as a well for residents completed at the off-site downgradient boundary of a plume management zone which includes the current length of the groundwater PCLE zone plus an additional length determined in accordance with paragraph (4) of this subsection. (3) Off-site POEs for off-site properties with class 2 groundwater which currently do not contain the residential-based groundwater PCLE zone. (A) If the person can demonstrate that the subject groundwater-bearing unit has no reasonably anticipated future beneficial use, then the person may allow a plume management zone to extend onto an off-site property. The person shall establish an alternate off-site POE to class 2 groundwater as a well for residents completed at the off-site boundary of a plume management zone which includes the current length of the groundwater PCLE zone plus an additional length determined in accordance with paragraph (4) of this subsection. (B) Unless the demonstration discussed in subparagraph (A) of this paragraph is made, the person shall not allow a plume management zone within class 2 groundwater to extend onto any off-site property which does not currently contain a residential-based groundwater PCLE zone. (C) The determination of future beneficial use under subparagraph (A) of this paragraph shall be based upon the existing quality of groundwater, considering nonpoint sources of COCs and their cumulative impact on the groundwater quality, the lack of use of the groundwater based on the presence of superior water supplies, proximity and withdrawal rates of groundwater users, or the property is subject to a zoning or governmental ordinance which is equivalent to the deed notice, VCP certificate of completion or restrictive covenant that otherwise would have been required. The executive director may require the collection of groundwater samples to document the presence of the COCs originating from nonpoint sources. (4) The maximum additional length of the plume management zone for the situations described in paragraphs (1), (2), and (3) of this subsection shall be established as the smallest of the following applicable distances, unless the affected property is subject to zoning or a governmental ordinance which is equivalent to the deed notice, VCP certificate of completion or restrictive covenant that otherwise would have been required, in which case subparagraphs (C) and (D) of this paragraph do not apply: (A) up to 500 feet beyond the current length of the residential-based groundwater PCLE zone; (B) a length of up to 0.25 times the current length of the residential-based groundwater PCLE zone (i.e., up to 25% additional plume length); (C) to within two years groundwater travel time of the closest hydraulically downgradient off-site property: (i) for which the owner has not provided written concurrence to allow the recording of an institutional control; or (ii) which does not contain the residential-based PCLE zone and the groundwater has a reasonably anticipated future beneficial use; (D) at the current downgradient extent of the residential-based PCLE zone when the residential-based groundwater PCLE zone is already within the two-year travel time setback distance for POEs under subparagraph (C) of this paragraph; or (E) the distance to a surface water POE as described in subsection (i) of this section. (m) Alternate POEs to class 3 groundwater under Remedy Standard B. Provided the person is authorized by the executive director to establish a plume management zone in response to §350.33(f)(4) of this title (relating to Remedy Standard B), the person may establish an alternate on-site or off-site POE to class 3 groundwater. The GW GW Class 3 PCL to be applied at this alternate POE shall be based upon residential land use. The boundary of the plume management zone may be established up to the lesser of: (1) To within two years groundwater travel time upgradient of: (A) The closest hydraulically downgradient off-site property for which the landowner has not provided written concurrence to allow the recording of an institutional control for situations where zoning or a governmental ordinance does not serve as the institutional control; or (B) The downgradient limit of a zoning or governmental ordinance that serves as the institutional control; or (2) The distance to a surface water POE as described in subsection (i) of this section. |
