250 R.I. Code R. 250-RICR-140-30-1.11

Current through December 26, 2024
Section 250-RICR-140-30-1.11 - Remedial Action Approvals
1.11.1Remedial Action Approvals
A. The Performing Party shall receive approval of the Remedial Action Work Plan from the Director prior to initiating any activities contained therein.
B. Remedial Action Approvals that include the treatment of Hazardous Waste at the Contaminated-Site will be in the form of a Temporary Remedial Action Permit subject to the requirements and conditions of R.I. Gen. Laws § 23-19.1-10.3, Emergency and Temporary Permits. The Performing Party shall have a Temporary Remedial Action Permit throughout the period that Hazardous Waste is being treated.
C. Approvals for Remedial Actions that include the remediation of impacted groundwater in GA/GAA areas to remedial objectives other than those listed in Table 3, §1.9.3(F)(4) of this Part shall obtain a Groundwater Quality Certification pursuant to the requirements of the Department's Groundwater Quality Rules, Part 150-05-3 of this Title.
D. The Director may issue conditions to the Remedial Action Approval when the Director finds that those conditions are necessary to protect human health and the environment. Conditions may include, but not necessarily be limited to, requirements that the Performing Party provide financial assurances that the Remedial Action will continue.
1.11.2 Remedial Action Approval Application Fees

The application fee for Remedial Action Approvals shall be one thousand ($1,000.00) dollars.

1.11.3Change in Ownership, Administration and/or Location
A. At least thirty (30) days prior to any change in Ownership of the Contaminated-Site or a change in Operator of the Remedial Action, the Performing Party shall notify the Director of the proposed change.
B. Remedial Action Approvals shall be voidable whenever there is a change in Ownership of the Contaminated-Site or a change in Operator of the Remedial Action.
1.11.4Remedial Action Approval Modifications
A. The Performing Party shall apply to the Director for approval of any modifications that the Performing Party finds necessary during the design, construction or implementation of the remedy.
B. The Director may require modification of a permit or approval if there is reason to believe that the remedy is not working as anticipated.
C. The Director may require a new Remedial Action Work Plan in cases where the Director determines that the proposed modifications substantially alter any process or the results of the remedy.
1.11.5Revocation or Suspension of Permits and Approvals
A. The Director may order the immediate cessation of any Remedial Action whenever the Director determines that a Performing Party is not in compliance with all of the appropriate Rules and Regulations established by the Department, or that the Performing Party is not performing the Remedial Action in conformance with approved plans or conditions of a permit or approval.
B. The Director may, in lieu of revocation or suspension of the permit or approval issued to the Performing Party, order that Performing Party to take whatever corrective action is needed to secure compliance with the Rules and Regulations established by the Department.

250 R.I. Code R. 250-RICR-140-30-1.11

Amended effective 4/22/2020