250 R.I. Code R. 250-RICR-140-30-1.10

Current through December 26, 2024

Section 250-RICR-140-30-1.10 - Remedial Action Work Plan

1.10.1Remedial Action Work Plan:

A. The Performing Party for a Contaminated-Site where Remedial Action is found to be necessary under these regulations shall prepare and submit in both hard copy and electronic format (as specified by the Department) to the Department for review and approval a Remedial Action Work Plan documenting how the proposed Remedial Action will be implemented. The Remedial Action Work Plan shall be submitted along with the required fee per §1.11.2 of this Part. The Director shall base the decision to require Remedial Action on the information available on the mobility, toxicity and volume of the Hazardous Material released and the resulting potential for harm to human health and the environment.

B. The Performing Party may prepare and submit a limited Remedial Action Work Plan for interim or partial Remedial Actions, if deemed appropriate by the Department. Limited or partial Remedial Action Work Plans shall be submitted in both hard copy and electronic format (as specified by the Department) and shall contain appropriate assurances that a more complete scope of activities will be evaluated as the Contaminated-Site is investigated and characterized.

C. A Performing Party shall complete a Remedial Action work plan in accordance with § 1.10 of this Part, as required by the Director, and submit said report for review and approval.

1.10.2Remedial Objectives

A. The Remedial Action Work Plan shall present a Remedial Action which addresses remedial objectives for all impacted media at the Contaminated-Site in a manner consistent with § 1.9 of this Part (Risk Management), including, as appropriate, the following:

1. Groundwater Objectives: The Performing Party shall propose a remedial objective for all Hazardous Substances found to have actual or potential impacts on groundwater.

2. Surface Water and Sediment Objectives: The Performing Party shall propose a remedial objective for all Hazardous Substances found to have actual or potential impacts on surface water and/or sediments, that is consistent with the actual and potential uses of the surface water and/or sediment in the impacted area, and the policies and regulations of the Office of Water Resources as found in Chapter 150 of this Title;

3. Soil Objectives: The Performing Party shall propose a remedial objective for all Hazardous Substances and TPH found to have actual or potential impacts on soil that is consistent with the actual and potential uses of the land in the impacted area. The remedial objective for soil shall also take into account the potential for the Hazardous Substances to leach into groundwater and/or surface water from these impacted soils and, subsequently, should be consistent with the actual and potential uses of the ground water and/or surface water in the impacted area and the policies and regulations as found in Chapter 150 of this Title and all other appropriate regulatory authority for that resource; and

4. Air Objectives: The Performing Party shall propose a remedial objective for all Hazardous Substances found to have actual or potential impacts on air quality, whether the impact is from gaseous or particulate emissions and/or entrainment on soil. That air objective shall be consistent with the requirements of the Rhode Island Clean Air Act, R.I. Gen. Laws Chapter 23-23 and rules and regulations as found in Chapter 120 of this Title.

B. The remedial objectives for each media should be expressed, wherever possible or appropriate, as a residual concentration of Hazardous Material or Hazardous Substance. However, for Remedial Actions which include no action/natural attenuation or combinations of engineering and institutional controls which involve containment of contaminated media, the Remedial Action Work Plan shall demonstrate that the proposed Remedial Action will address the remedial objectives for all impacted media at the Contaminated-Site in a manner consistent with §1.9.1 of this Part (Remedial Objectives). Department approval of this demonstration shall serve as the Remedial Objective Approval pursuant to §1.9.11 of this Part (Remedial Objective Approvals). This demonstration may be in addition to the documentation of compliance with § 1.9 of this Part (Risk Management) required by §1.8.4 of this Part (Development of Remedial Alternatives).

C. The remedial objectives shall also consider and manage any short-term risks to human health and the environment associated with the Remedial Action implementation.

D. The Performing Party shall estimate the time period necessary to meet all appropriate remedial objectives for groundwater, surface water, sediment, soil and air. In every case, a Remedial Action should be designed, whenever practicable, as a permanent solution to meet the remedial objectives for Hazardous Substances in all affected media in the shortest time frame feasible.

1.10.3Proposed Remedy

A. The Remedial Action Work Plan shall clearly explain the proposed remedy and justify the ability of the remedy to meet the remedial objectives. For remedies that include on-site treatment and/or containment of contaminated media, the Remedial Action Work Plan shall include the best management practices proposed to:

1. Prevent the infiltration/migration of Hazardous Substances at levels harmful to human health or the environment;

2. Prevent direct contact with Hazardous Substances at levels harmful to human health and the environment;

3. Eliminate volatilization and entrainment of Hazardous Substances; and

4. Minimize and manage surface runoff from the area including during and after the Remedial Action. The plan shall identify all locations of existing and/or proposed infiltration systems.

1.10.4Remediation of Impacted Groundwater

The Remedial Action Work Plan shall clearly explain how impacted groundwater will be remediated. Remediation of groundwater shall meet the requirements of the Department's Groundwater Quality Rules, Part 150-05-3 of this Title as well as the requirements of § 1.9 of this Part. Any Remedial Action Work Plan which includes the proposal of a discharge zone and/or a residual zone shall submit the required proposals and meet the required demonstrations of the Department's Groundwater Quality Rules, Part 150-05-3 of this Title, respectively.

1.10.5Limited Design Investigation

The Director may require the Performing Party to include a proposed Limited Design Investigation in the Remedial Action Work Plan in order to gather information necessary for the design and construction of a specific remedy. The Performing Party may also propose to include a Limited Design Investigation in the Remedial Action Work Plan in order to gather information necessary for the design and construction of a specific remedy. Activities proposed as part of this Limited Design Investigation shall meet the requirements of § 1.8 of this Part.

1.10.6Points of Compliance

The Remedial Action Work Plan shall clearly indicate the locations, for each impacted medium where Hazardous Substances will be measured in order to determine if the remedial objectives have been met. These points will be designated Points of Compliance. Remedial Actions will be initially focused on meeting remedial objectives set for the Contaminated-Site, and compliance shall be measured throughout that Contaminated-Site. The Points of Compliance shall be managed in a manner consistent with §1.9.8 of this Part. § 1.13 of this Part specifies requirements unique to arsenic in soil.

1.10.7Proposed Schedule for Remediation

The Remedial Action Work Plan shall include a proposed schedule for implementing the proposed Remedial Action.

1.10.8Contractors and/or Consultants

The Performing Party shall include the names, addresses and telephone numbers of the contact Persons of any contractors or consultants hired to implement or operate the remedy proposed in the Remedial Action Work Plan. The responsibilities of each consultant and/or contractor shall be clearly explained. If the actual consultant or contractor has not been determined at the time of application, the expected duties of each company shall be explained and the Department shall be notified as soon as the specific companies are selected.

1.10.9Site Plan

The Remedial Action Work Plan shall include a site plan. The site plan submitted as part of the Site Investigation, conducted pursuant to §1.8.3(A)(6) of this Part, shall be amended to include any further information available to the Performing Party, and the locations of all proposed remedial units and monitoring points. The Points of Compliance shall also be clearly marked on the site plan.

1.10.10Design Standards and Technical Specification

A. The Remedial Action Work Plan shall include all design standards and technical specifications necessary for the design of the proposed remedy. Design standards and technical specifications will include, where appropriate:

1. Identification of the materials of construction of all portions of the remedy;

2. The type of equipment to be used, including unit capacity and dimensions;

3. The results of any laboratory or pilot-scale tests conducted to determine the effectiveness of the proposed Remedial Action; and

4. Any manufacturer's literature and/or technical guidance documents on the construction, implementation and/or operation of proposed units.

5. These portions of the Remedial Action Work Plan shall be prepared under the supervision of a Registered Professional Engineer in the State of Rhode Island, and stamped by that engineer prior to submittal.

1.10.11Set-up Plans

The Remedial Action Work Plan shall explain any pre-operational staging or construction requirements which shall be completed prior to the installation and operation of the proposed Remedial Actions. These pre-operational staging or construction activities may include the installation of pads, liners, or berms; any intrusive activities; or any Contaminated-Site contouring or grading which may be necessary. The Set-Up Plan shall show how any construction or staging activities will be done in a manner in compliance with any applicable laws, Rules and Regulations.

1.10.12Effluent Disposal

The Remedial Action Work Plan shall include specific plans for the management and disposal of any products or by-products from the proposed Remedial Action. This section shall also identify what regulations shall be complied with during, and what permits or approvals shall be obtained prior to, any planned effluent disposal actions.

1.10.13Contingency Plan

A. The Remedial Action Work Plan shall include a Contingency Plan which clearly explains the procedures to be followed and the Persons to be notified in the event of an unexpected incident involving Hazardous Materials at the Contaminated-Site. The Contingency Plan shall include, at a minimum, the following information:

1. The names and telephone numbers of all emergency coordinators;

2. All emergency response procedures and arrangements; and

3. A description of the procedures necessary for the prevention of ignition and/or reaction of any flammable material or reactive materials, where appropriate.

B. The Contingency Plan shall be available at the Contaminated-Site at all times during the implementation and operation of the Remedial Action.

1.10.14Operating Log

A. The Remedial Action Work Plan shall include a proposed Operating Log which clearly and completely records activities on-site and shows how the implementation and operation of the Remedial Action is progressing. This Operating Log shall include, at a minimum, the following information:

1. Time periods of operation of the remedial unit and approximate flow rates;

2. Records of any analyses conducted as part of the Remedial Action;

3. Instances of implementation of the Contingency Plan; and

4. An inspection plan designed to insure the proper operation of the proposed remedial unit. Operating treatment units shall be inspected at least weekly unless an alternative inspection frequency is approved by the Director.

B. Documentation of these inspections and any problems found and/or repairs made shall be included.

C. The Operating Log shall be readily available at the Contaminated-Site during implementation and operation of the Remedial Action. A copy of this log shall be submitted to the Department annually unless an alternative submittal frequency is approved by the Director for the duration of the active operation of the treatment unit.

D. The Operating Log shall be kept for at least three (3) years following completion of the Remedial Action.

1.10.15Security Procedures

The Remedial Action Work Plan shall include a description of the security procedures proposed to prevent unknowing access to the Contaminated-Site or key features identified at the Contaminated-Site. This section shall include descriptions of any natural boundaries or any existing or proposed walls or fences surrounding the Contaminated-Site. Means to control entry to the Contaminated-Site or key features identified at the Contaminated-Site shall also be clearly explained.

1.10.16Shut-Down, Closure and Post-Closure Requirements

The Remedial Action Work Plan shall contain a section outlining the procedures required to shut-down and close the remedial units. This section shall also outline any proposed post-closure activities, including monitoring and/or institutional controls restricting future land usage at the Contaminated-Site. All post-closure groundwater monitoring shall be done in accordance with a program meeting the requirements of the Department's Groundwater Quality Rules, Part 150-05-3 of this Title.

1.10.17Institutional Controls and Notices

The Remedial Action Work Plan shall indicate a methodology for providing notice to the general community, and contain specific plans and implementation procedures for land usage restrictions, restrictions on the use of groundwater on the Contaminated-Site, and institutional controls in accordance with §1.9.9 of this Part for all Remedial Actions that are not determined by the Director to provide a permanent solution.

1.10.18Compliance Determination

The Remedial Action Work Plan shall include a section outlining the procedures to be employed in order to demonstrate that the remedial objectives for the Contaminated-Site have been met. Such compliance determination shall be proposed in a manner consistent with §1.9.10 of this Part.

1.10.19 Certification Requirements

A. The Remedial Action Work Plan and all associated progress reports shall include the following statements signed by an authorized representative of the party specified:

1. A statement signed by an authorized representative of the Person who prepared the Remedial Action Work Plan certifying the accuracy of the information contained in that report to the best of their knowledge; and

2. A statement signed by an authorized representative of the Performing Party responsible for the submittal of the Remedial Action Work Plan certifying that the report is a complete and accurate representation of the Contaminated-Site and the Release and contains all known facts surrounding the Release to the best of their knowledge.

250 R.I. Code R. 250-RICR-140-30-1.10

Amended effective 4/22/2020