Section 33-24-05-57 - Corrective action programAn owner or operator required to establish a corrective action program under sections 33-24-05-07 through 33-24-05-48 shall, at a minimum, discharge the following responsibilities:
1. The owner or operator shall take corrective action to ensure that regulated units are in compliance with the ground water protection standard under section 33-24-05-49. The department will specify the ground water protection standard in the facility permit including: a. A list of the hazardous constituents identified under section 33-24-05-50.b. Concentration limits under section 33-24-05-51 for each of those hazardous constituents.c. The compliance point under section 33-24-05-52.d. The compliance period under section 33-24-05-53.2. The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific measures that will be taken.3. The owner or operator shall begin corrective action within a reasonable time period after the ground water protection standard is exceeded. The department will specify that time period in the facility permit. If a facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective action will begin and such a requirement will operate in lieu of subdivision b of subsection 9 of section 33-24-05-56.4. In conjunction with a corrective action program, the owner or operator shall establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under section 33-24-05-56 and must be as effective as that program in determining compliance with the ground water protection standard under section 33-24-05-49 and in determining the success of a corrective action program under subsection 5 where appropriate.5. In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under section 33-24-05-50 that exceed concentration limits under section 33-24-05-51 in ground water: a. Between the compliance point under section 33-24-05-52 and the downgradient property boundary; andb. Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where offsite access is denied. Onsite measures to address such releases will be determined on a case-by-case basis.c. Corrective action measures under this subsection must be initiated and completed within a reasonable period of time considering the extent of contamination.d. Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under section 33-24-05-50 is reduced to levels below their respective concentration limits under section 33-24-05-51.6. The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the ground water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the ground water monitoring program under subsection 4 that the ground water protection standard of section 33-24-05-49 has not been exceeded for a period of three consecutive years.7. The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports annually.8. If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator shall, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.N.D. Admin Code 33-24-05-57
Effective January 1, 1984; amended effective January 1, 1994.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04