Ala. Admin. Code r. 335-6-15-.29

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-15-.29 - Corrective Action Plan

(1) At any point after reviewing the information submitted in compliance with Rules 335-6-15-.24 through 335-6-15-.28, the Department may require owners and 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 Department. Alternatively, owners and operators may, after fulfilling the requirements of Rules 335-6-15-.24 through 335-6-15-.28, 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 and the environment as determined by the Department, and must modify their plan as necessary to meet the requirements of the Department for achieving this standard.

(2) The corrective action plan must:

(a) Address the full lateral and vertical extent of soil and groundwater contamination or as otherwise required by the Department;

(b) Address mitigation of soil contamination either through soil removal, or treatment in place, or another method which is determined by the Department to be no less protective of health and the environment, to standards identified in Rule 335-6-15-.30.

(c) Provide for removal of free product in an effective and timely manner;

(d) Provide for treatment of dissolved groundwater contamination in an effective and timely manner to standards identified in Rule 335-6-15-.30;

(e) Provide a rationale for selection of the proposed corrective actions and design criteria which address such items as equipment selection, flow rates and pumping rates;

(f) Address measures necessary to meet local, state of Alabama or federal requirements for control of surface or air discharges or disposal of soil or free product; and

(g) Include a proposed schedule of implementation and monitoring plan.

(h) Include site specific clean-up goals for soil, groundwater, surface water and vapors as applicable.

(i) Include an estimate of timeframes to meet the appropriate clean-up goals for each affected media.

(3) The Department will approve the corrective action plan only when satisfied that implementation of the plan provides for measures considered adequate to protect human health, safety, and the environment. In making this determination, the Department should consider the following factors as appropriate:

(a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(b) The hydrogeologic characteristics of the site and the surrounding area;

(c) The findings of the preliminary and secondary investigations, and groundwater monitoring events;

(d) The proximity, quality, and current and future uses of nearby surface water and groundwater;

(e) The potential effects of residual contamination on nearby surface water and groundwater;

(f) An exposure assessment conducted in accordance with Rule 335-6-15-.30; and

(g) Any information assembled in compliance with this subpart.

(4) Upon approval of the corrective action plan or as directed by the Department, owners and operators must implement the plan, including modification to the plan made by or required to be made by the Department. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the Department.

(5) If at any time, the Department determines that the implementation of corrective actions are not achieving adequate protection of human health and the environment, the Department may require additional measures to be taken.

(6) Owners and operators shall continue implementation of the corrective action plan until released in writing from this responsibility by the Department.

(7) 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 plan is approved provided that they:

(a) Notify the Department of their intention to begin cleanup;

(b) Comply with any conditions imposed by the Department, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(c) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the Department for approval.

(8) Upon conclusion of investigative monitoring, or corrective actions at a site, the Department may require any or all-monitoring wells to be properly closed using procedures acceptable to the Department. A monitoring well abandonment plan and report will be required to be submitted in a format acceptable to the Department.

(9) Corrective Action Plans and Reports documenting the implementation of the Corrective Action Plan must comply with ADEM Admin. Code r. 335-6-15-.08(2).

Ala. Admin. Code r. 335-6-15-.29

Effective April 5, 1989. Amended: Filed August 28, 2003; effective October 2, 2003. Amended: Filed March 21, 2008; effective April 25, 2008.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 12/8/2017.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Authors: Sonja Massey, Curt Johnson, Lee Davis, Dorothy Malaier

Statutory Authority:Code of Ala. 1975, § 22-36-3.