7 Del. Admin. Code § 1302-122-H-122.230

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-H-122.230 - May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

(a) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated area or areas in close proximity.

(b) If the Secretary determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the Secretary may approve a RAP for this alternative location.

(c) You must request the RAP, and the Secretary will approve or deny the RAP, according to the procedures and requirements in this subpart.

(d) A RAP for an alternative location must also meet the following requirements, which the Secretary must include in the RAP for such locations:

(1) The RAP for the alternative location must be issued to the person responsible for the cleanup from which the remediation wastes originated;

(2) The RAP is subject to the expanded public participation requirements in Section Section 124.31, 124.32, and 124.33 of these regulations;

(3) The RAP is subject to the public notice requirements in Section 124.10 (c) of these regulations;

(4) The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault which has had displacement in the Holocene time (you must demonstrate compliance with this standard through the requirements in Section 122.14 (b)(11)) (See definitions of terms in Section 264.18 (a) of these regulations);

Note to paragraph (d)(4): Sites located in political jurisdictions other than those listed in Appendix VI of Part 264 of these regulations, are assumed to be in compliance with this requirement.

(e) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites:

(1) Exclusion from facility-wide corrective action under Section 264.101 of these regulations; and

(2) Application of Section 264.1 (j) of these regulations in lieu of Part 264, Subparts B, C, and D, of these regulations.

7 Del. Admin. Code § 1302-122-H-122.230