6207.1 After a release is confirmed, the Department may require the responsible party to develop and submit a corrective action plan (CAP) for remediating chemicals of concern in soil and groundwater.
6207.2 The responsible party shall submit a CAP, in accordance with § 5500.4, that provides for adequate protection of human health in accordance with § 6206.4(c) (maximum tolerable human health risks) and the environment, as determined by the Department, and shall modify the corrective action plan as necessary to meet this standard.
6207.3 A CAP shall propose corrective actions for the site that will:
(a) Ensure that measurable free product does not exist or is no longer recoverable at the site;(b) Provide appropriate measures to protect the environmentally sensitive receptors that were identified in the comprehensive site assessment; and(c) Remediate the site to one (1) of the following standards: (1) The Tier 0 standards set forth in § 6208;(2) The Tier 1 risk-based screening levels set forth in § 6209; or(3) The Tier 2 site-specific target levels identified in the CAP and approved by the Department.6207.4 If the responsible party elects to perform a Tier 2 evaluation, the CAP shall:
(a) Remediate levels of chemicals of concern to achieve the Tier 2 site-specific target levels;(b) Provide for engineering or institutional controls, or both, that are approved by the Department in accordance with § 5500.5, if such controls are needed to achieve target levels or maintain activity and use limitations used in the risk assessment; and(c) Provide for monitoring of the site as long as necessary to ensure that the chemicals of concern on the site will not adversely impact human health, safety, or the environment under present or reasonably foreseeable future uses of the site based on District zoning and other factors as described in the RBCA technical guidance. 6207.5 A CAP shall provide for proper disposal of any contaminated soils removed from the ground, and :
(a) Shall not permit the placement of contaminated soils that exceed Tier 0 standards back into the ground for the purposes of in situ remediation or storage, unless specifically approved by the Department in accordance with § 5500.5; and(b) Shall not permit the placement of any soil excavated from the site on another property, unless specifically approved by the Department in accordance with § 5500.5.6207.6 The responsible party shall prepare a site-specific quality assurance and quality control plan for the activities to be carried out during implementation of the CAP before starting CAP activities. The quality assurance and quality control plan shall cover all actions proposed in the CAP.
6207.7 A site- specific safety and health plan that meets the requirements of 29 CFR § 1910.120 shall be prepared and submitted to the Department in conjunction with the CAP.
6207.8 The Department may approve a CAP only if the Department determines that implementation of the CAP will adequately protect human health, safety, and the environment based on the following factors, as appropriate:
(a) The physical and chemical characteristics of the regulated substance released or threatened to be released, including its toxicity, persistence, and potential for migration;(b) The hydrogeological characteristics of the site and the surrounding area;(c) The proximity and quality of nearby surface water and groundwater, and current and reasonably foreseeable future uses of these waters;(d) The potential effects of residual chemicals of concern on nearby surface water as defined in 21 DCMR § 1199 (such as creeks, ponds, lakes, and rivers) and groundwater;(e) Potential risk to human health or the environment based upon current and reasonably foreseeable future uses of the site;(f) The estimated timetable for completion of the remediation; and(g) Any information assembled in compliance with this chapter.6207.9 If such action will minimize environmental contamination and promote more effective corrective action, the responsible party may begin remediation of soil and groundwater before a CAP is approved, provided that the responsible party:
(a) Notifies the Department, in accordance with § 5500.4, and the owner of any adjacent property or property affected by the remediation, of its intention to begin remediation;(b) Obtains provisional approval from the Department to begin remediation;(c) Provides the Department with an opportunity to inspect the site during the remediation;(d) Complies with any directives issued by the Department, including halting remediation or mitigating adverse consequences from cleanup activities; and(e) Incorporates these self- initiated remediation measures in the final CAP submitted to the Department for approval.6207.10 A responsible party may submit a written request for waiver of the Department's approval of the CAP, in accordance with § 5500.5, and begin implementation of the CAP, provided that the responsible party:
(a) Has satisfactorily performed another corrective action under Departmental oversight within the three (3) years immediately preceding the current request for a waiver of CAP approval;(b) Notifies the Department of its intention to begin remediation and provides the Department with an opportunity to inspect the site during the remediation; and(c) Agrees to comply with any directives issued by the Department, including halting remediation or mitigating adverse consequences from cleanup activities.6207.11 Except as provided in §§ 6207.9 and 6207.10, the responsible party shall begin the remediation specified in the CAP, including modifications to the CAP made by the Department, within sixty (60) days after CAP approval, or in accordance with a schedule agreed to by the Department.
6207.12 The responsible party shall provide the Department with an opportunity to inspect the site prior to implementing the CAP upon the Department's request.
6207.13 The responsible party shall monitor, evaluate, and report the results of CAP implement ation at least quarterly, or in accordance with a schedule approved by the Department in accordance with the procedures in § 5500.5.
6207.14 The responsible party may apply to the Department for modification of the CAP, in accordance with the procedures in § 5500.5, and may only implement the modification if the modification is approved in writing by the Department.
6207.15 If the Department determines that the implemented CAP is not achieving adequate protection of human health and the environment, the Department may require additional corrective action to be taken.
6207.16 The responsible party shall evaluate the effectiveness of the CAP and any CAP amendments at the end of each year of implementing the pla n or amendment to determine whether additional measures must be implemented to protect human health and the environment and shall submit the evaluation to the Department, in accordance with § 5500.4.
6207.17 The Department may approve an alternative procedure for remediation of contaminants from past releases if the responsible party submits a written description of the alternative procedure to the Department in accordance with § 5500.5 and demonstrates to the satisfaction of the Department that:
(a) Compliance with the procedure in this section is not feasible; and(b) The proposed alternative provides equivalent control of the cleanup to that of the procedures in this section.D.C. Mun. Regs. tit. 20, r. 20-6207
Final Rulemaking published at 40 DCR 7835, 7890 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); amended by Final Rulemaking published at 67 DCR 1778 (2/21/2020)