S.C. Code Regs. § § 61-107.19.V.E.258.57

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.19.V.E.258.57 - Selection of Remedy

a. Based on the results of the corrective measures assessment conducted according to Section258.56, the permittee shall select a remedy that, at a minimum, meets the standards listed in paragraph b. below. The permittee shall notify the Department within 14 days of selecting a remedy and submit a report to the Department for review and approval that describes the selected remedy and how it meets the standards in paragraph b. below.

b. Remedies shall:

(1) Be protective of human health and the environment;

(2) Attain the groundwater protection standard as specified pursuant to Section258.55.j. or k.;

(3) Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of Appendix V constituents into the environment that may pose a threat to human health or the environment; and,

(4) Comply with standards for management of wastes as specified in Section258.58.d.

c. In selecting a remedy that meets the standards in paragraph b. above, the permittee shall consider the following evaluation factors:

(1) The long- and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:

(a) Magnitude of reduction of existing risks;

(b) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

(c) The type and degree of long-term management required, including monitoring, operation, and maintenance;

(d) Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal or containment;

(e) Time until full protection is achieved;

(f) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;

(g) Long-term reliability of the engineering and institutional controls; and,

(h) Potential need for replacement of the remedy;

(2) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

(a) The extent to which containment practices will reduce further releases; and,

(b) The extent to which treatment technologies may be used;

(3) The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:

(a) Degree of difficulty associated with constructing the technology;

(b) Expected operational reliability of the technologies;

(c) Need to coordinate with and obtain necessary approvals and permits from other agencies;

(d) Availability of necessary equipment and specialists; and,

(e) Available capacity and location of needed treatment, storage, and disposal services; and,

(4) The degree to which community concerns are addressed by a potential remedy(s).

d. The permittee shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule shall require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in paragraphs d. (1-8). The permittee shall consider the following factors in determining the schedule of remedial activities:

(1) Extent and nature of contamination;

(2) Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established in Section258.55.j. or k. and other objectives of the remedy;

(3) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(4) Desirability of utilizing technologies that are not readily available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(5) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;

(6) Resource value of the aquifer including:

(a) Current and future uses;

(b) Proximity and withdrawal rate of users;

(c) Groundwater quantity and quality;

(d) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituent;

(e) The hydrogeologic characteristic of the facility and surrounding land;

(f) Groundwater removal and treatment costs; and,

(g) The cost and availability of alternative water supplies;

(7) Practicable capability of the permittee; and,

(8) Other relevant factors.

e. The Department may determine that remediation of a release of an Appendix V constituent from a Class Three landfill is not necessary if the permittee demonstrates to the Department that:

(1) The groundwater is additionally contaminated by substances that have originated from a source other than a Class Three landfill and those substances are present in concentrations such that cleanup of the release from the Class Three landfill would provide no significant reduction in risk to actual or potential receptors; or,

(2) The constituent(s) is present in groundwater that:

(a) Does not currently meet the definition of an underground source of drinking water per South Carolina Water Classifications and Standards R.61-68; and,

(b) Is not hydraulically connected with waters to which the hazardous constituents are migrating, or are likely to migrate in a concentration(s) that would exceed the groundwater protection standards established in Section258.55.j. or k. or,

(3) Remediation of the release(s) is technically impracticable; or,

(4) Remediation results in unacceptable cross-media impacts.

f. A determination by the Department pursuant to paragraph e. above of this section shall not affect the authority of the Department to require the permittee to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

S.C. Code Regs. § 61-107.19.V.E.258.57