Md. Code Regs. 26.14.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.14.02.06 - Remedial Response Activities

A. The remedial response process consists of several phases, including:

(1) Determination of the extent of the potential impact on public health and the environment;

(2) Selection of the remedy, design, and implementation of the remedy; and

(3) Maintaining and operating the remedy.

B. The Department may modify response procedures set forth in §A of this regulation at sites not listed by the Environmental Protection Agency on the National Priorities List, if the Department determines that this modification will:

(1) Result in a more efficient response; and

(2) Be protective of human health and the environment.

C. Responsibility for Performing Remediation.

(1) Responsible persons may be required to conduct and directly fund a remediation pursuant to an order issued by the Department, EPA, or a court. An order requiring remedial response may set forth specific conditions for the performance of the remediation.

(2) At sites listed on the National Priorities List, the Department may exercise State authority and oversee response actions.

(3) Unless the Department determines that a remedial action will be done properly and in a timely manner by a responsible person, the Department may perform the remediation and seek cost recovery.

D. Management of Remediation.

(1) The Department may provide management oversight of response activities. Management oversight includes, but is not limited to:

(a) Review, comment, and approval of reports, plans, documents, and data relating to the response action;

(b) Site visits;

(c) Sampling; and

(d) Enforcing compliance with cleanup standards, State or federal laws, regulations, and other requirements.

E. Evaluating Releases or Threats of Releases.

(1) Investigations shall be conducted to characterize site conditions leading to development of remedial alternatives. These activities to evaluate the nature and threat posed by the hazardous substances may include field and other investigations to:

(a) Characterize physical features of the site;

(b) Characterize air, surface water, and ground water;

(c) Determine waste characteristics including quantity, toxicity, persistence, propensity to bioaccumulate, and mobility;

(d) Identify environmental pathways and exposure routes; and

(e) Determine the extent of source contamination.

(2) The Department shall determine the applicability of cleanup standards and State or federal laws, regulations, and other requirements. In establishing cleanup standards and other requirements the Department may use the following:

(a) Federal or State maximum contaminant level goals (MCLGs) and maximum contaminant levels (MCLs);

(b) Background levels of contaminants;

(c) Risk evaluations performed by the Department based upon site-specific information and current scientific information; and

(d) Other federal or State standards that may be appropriate or relevant.

F. Determining the Type of Response Action-Selection of Remedy.

(1) Remedial alternatives shall be developed and evaluated for remedy selection.

(2) Factors to be considered in evaluating and comparing alternatives include:

(a) Protection of human health and the environment;

(b) Compliance with cleanup standards and State or federal laws, regulations, and other requirements;

(c) Long-term effectiveness and permanence;

(d) Reduction of toxicity, mobility, or volume through treatment;

(e) Short-term effectiveness;

(f) Implementability; and

(g) Cost.

(3) To be considered for selection, it is mandatory that any remedial alternative meet the criteria listed as factors in §F(2)(a) and (b) of this regulation.

(4) The criteria listed as factors in §F(2)(c)-(f) of this regulation are then considered. The lowest cost remedy which provides an acceptable balance of these four criteria may be selected. Types of costs that are considered within the factor in §F(2)(g) of this regulation include:

(a) Capital costs, including both direct and indirect costs;

(b) Annual operating and maintenance costs; and

(c) Net present value of capital and annual operating and maintenance costs.

(5) During remedy selection, comments from the county in which the site is located and comments from the public shall be considered to the extent practicable, and may be a modifying factor.

(6) The Department shall select the remedy.

(7) The Department may approve accelerated remediation, and may divide the site or remedial process into phases, upon a determination that:

(a) A portion of the remediation can be accomplished expeditiously; and

(b) The accelerated portion of the remediation would be consistent with the anticipated remedy for the entire site.

G. Implementation of the Remedy.

(1) The remedial design/remedial action stage includes development of the design of the selected remedy and implementation of the remedy through construction.

(2) The Department may monitor or enforce compliance of the remedial action with cleanup standards and State or federal laws, regulations, and other requirements.

(3) Design and implementation of the remedy shall conform with the selected remedy.

(4) A period of operation and maintenance may follow installation of the remedy.

(5) Remediation may cease when, in the Department's judgment:

(a) Sufficient time has elapsed to ensure that contaminant levels have been reduced to levels that are protective of human health and the environment; or

(b) No detectable contamination remains at the site.

(6) If the Department determines that the selected remedy is not likely to be effective within a reasonable time, then the Department may require a reevaluation of the selection of remedy in accordance with §F of this regulation.

Md. Code Regs. 26.14.02.06