Section 33-24-08-56 - Corrective action plan1. At any point after reviewing the information submitted in compliance with sections 33-24-08-51 through 33-24-08-53, the department may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and ground water. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the department. Alternatively, owners and operators may, after fulfilling the requirements of sections 33-24-08-51 through 33-24-08-53, choose to submit a corrective action plan for responding to contaminated soil and ground water In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the department, and must modify their plan as necessary to meet this standard. 2. The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the department should consider the following factors as appropriate: a. The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration; b. The hydrogeologic characteristics of the facility and the surrounding area; c. The proximity, quality, and current and future uses of nearby surface water and ground water; d. The potential effects of residual contamination on nearby surface water and ground water; e. An exposure assessment; and f. Any information assembled in compliance with sections 33-24-08-50 through 33-24-08-57. 3. Upon approval of the corrective action plan or as directed by the department, owners and operators must implement the plan, including modifications to the plan made by the department. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the department. 4. Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and ground water before the corrective action plan is approved provided that they: a. Notify the department of their intention to begin cleanup; b. Comply with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities; and c. Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval. N.D. Admin Code 33-24-08-56
Effective December 1, 1989.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1