| (a) The commission adopts by reference 40 Code of Federal
Regulations §257.98 (Implementation of the corrective action
program) as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), subject
to the modifications and additions in this section.
(b) Prior to returning to detection monitoring or assessment
monitoring, the owner or operator must submit documentation that demonstrates
that the requirements of this section have been fulfilled, and the
remedy has been achieved for the impacted property. The documentation
submitted must include at a minimum:
(1) all analytical data prepared and presented in accordance
with §352.931 of this title (relating to Groundwater Sampling
and Analysis Requirements) that demonstrates achievement of the remedy;
(2) a narrative discussion of how the requirements
of this section have been fulfilled for the impacted property; and
(3) a description of the volume and final disposal
location, and a copy of any waste manifests or other documentation
of disposition, for waste or environmental media which were removed
from the impacted property.
(c) The owner or operator may return to either detection
monitoring or assessment monitoring only after satisfying the conditions
of this section, and after obtaining written approval from the executive
director.
(d) All coal combustion residuals managed under a remedy
required under §352.971 of this title (relating to Selection
of Remedy), or an interim measure required under this section, shall
be managed in a manner that complies with all applicable United States
Resource Conservation and Recovery Act and state requirements.
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