An owner or operator required to establish a corrective action program must, at a minimum, discharge the following responsibilities. (1) The owner or operator must take corrective action to ensure that regulated units are in compliance with the groundwater protection standard under §335.158 of this title (relating to Groundwater Protection Standard). The commission will specify the groundwater protection standard in the compliance plan, including: (A) a list of the hazardous constituents identified under §335.159 of this title (relating to Hazardous Constituents); (B) concentration limits under §335.160 of this title (relating to Concentration Limits) for each of those hazardous constituents; (C) the compliance point under §335.161 of this title (relating to Point of Compliance); and (D) the compliance period under §335.162 of this title (relating to Compliance Period). (2) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The plan will specify the specific measures that will be taken. (3) The owner or operator must begin corrective action within a reasonable time period after the groundwater protection standard is exceeded. The commission will specify that time period in the plan. If a compliance plan includes a corrective action program in addition to a compliance monitoring program, the plan will specify when the corrective action will begin and such a requirement will operate in lieu of §335.165(12)(B) of this title (relating to Compliance Monitoring Program). (4) In conjunction with a corrective action program, the owner or operator must establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under §335.165 of this title and must be as effective as that program in determining compliance with the groundwater protection standard under paragraph (5) of this section, where appropriate. (5) In addition to the other requirements of this section, the owner or operator must conduct a corrective action program to remove or treat in place any hazardous constituents under §335.159 of this title that exceed concentration limits under §335.160 of this title in groundwater between the compliance point under §335.161 of this title and the downgradient facility property boundary and beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the executive director that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. The plan will specify the measures to be taken. (A) Corrective action measures under this section must be initiated and completed within a reasonable period of time considering the extent of contamination. (B) Corrective action measures under this section may be terminated once the concentration of hazardous constituents under §335.159 of this title is reduced to levels below their respective concentration under §335.160 of this title. (6) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he must continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if he can demonstrate, based on data from the groundwater monitoring program under paragraph (4) of this section, that the groundwater protection standard of §335.158 of this title has not been exceeded for a period of three consecutive years. (7) The owner or operator must report in writing to the executive director on the effectiveness of the corrective action program. The owner or operator must submit these reports annually. (8) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, he must, within 90 days, submit an application for a plan modification to make any appropriate changes to the program. |
| Source Note: The provisions of this §335.166 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective October 29, 2009, 34 TexReg 7321 |
