6 Colo. Code Regs. § 1007-3-100.2.26
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-100.2.26 - Corrective Action Plan(a) The owner or operator of a hazardous waste facility that is subject to the corrective action or closure requirements of Part 264 or Part 265, but that does not currently have a treatment, storage or disposal permit, may submit an application for a Corrective Action Plan to conduct corrective action or closure. Applications for such plans may be for entire facilities or portions thereof. An approved Corrective Action Plan serves as a permit for the facility.(b) The Department shall review applications submitted under this section and shall provide formal written notification that a corrective action plan submitted to the Department under this section has been approved or disapproved. In the event the corrective action plan is not approved by the Department, the Department shall promptly provide the applicant with a written statement of the reasons for such denial. If the Department disapproves a corrective action plan based upon the applicant's failure to submit the information required by subsection (c), the Department shall notify the applicant of the specific information omitted by the applicant. The Department shall use its best efforts to: (1) Complete the review of the initial application within sixty (60) days after submittal and spend no more than forty (40) hours to review simple corrective action plans and no more than one hundred (100) hours to review more complex corrective action plans;(2) Complete the review of each separate report/plan submitted under a phased approach corrective action plan within sixty (60) days after submittal of such report/plan and spend no more than forty (40) hours to review such report/plan; and(3) Complete the review of the completion report for an approved corrective action plan within thirty (30) days after submittal of such completion report and spend no more than twenty (20) hours to review such completion report.(c) Applications for Corrective Action Plans under this section shall include, at a minimum, the following: (1) name(s) and address(es) of the owner and operator of the facility;(2) name and telephone number of the facility contact person for the application;(3) location of the facility;(4) EPA Identification Number of the facility;(5) description of historic uses and waste handling practices at the facility;(6) description of site characterization activities and type and extent of contamination identified to date, including a description of any hazardous waste or hazardous constituents; and(7) a Corrective Action Plan that either:(i) includes characterization data that describes fully the vertical and horizontal extent of contamination and either:(A) a remediation plan or(B) a request for no further action that is based on meeting state standards or risk-based cleanup goals; or(ii) provides for a phased approach to investigation of the full vertical and horizontal extent of contamination and cleanup of hazardous wastes and constituents, as necessary, based on state standards or risk-based cleanup goals.(d) Corrective Action Plans approved under this section:(1) shall specify the date they become effective;(2) shall specify actions the applicant must take to comply with the closure or corrective action requirements of Part 264 or 265, as appropriate, and a schedule for implementing such actions; and(3) may designate corrective action management units or temporary units under § § 264.551, 264.552 or 264.553, in accordance with § 100.21(e);(e) Corrective Action Plans approved under this section are subject to the provisions of § 100.32.(f) Corrective Action Plans approved under this section do not authorize any action that requires a permit under this Part for the treatment, storage, or disposal of hazardous waste.(g) Corrective Action Plans approved under this section, and any determinations that the Department makes pursuant thereto, are requirements of Part 3 of the Act, and are subject to appeal pursuant to the provisions of § 25-15-305, C.R.S.(h) Corrective Action Plans approved under this section do not excuse, nor constitute a defense to, any prior violation of the Act or the Regulations. Approval of a Corrective Action Plan under this section does not impair the Department's ability to take any other appropriate action (including issuing or modifying permits or orders) regarding releases of hazardous wastes or hazardous constituents that are not addressed in the Corrective Action Plan.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023