Section 0400-15-01-.12 - FINAL OPERATION AND MAINTENANCE PLAN(1) Purpose The purpose of the O & M process is to provide funds and activities that will ensure the long term treatment and/or maintenance of a site that is required based on the Remedial Investigation /Feasibility Study and the Remedial Action.
(2) Description of O & M Activities A plan shall be submitted by the responsible party which details the activities that will occur during the operation and maintenance period. A reporting schedule and review cycle shall be established. The reporting schedule shall detail the reporting requirements for the proposed activities and the review cycle will establish a review of the O & M process. Below are items that shall be included, as appropriate, in the plan. The plan and schedule shall be submitted to the Department for review and approval prior to the implementation:
(a) Description of tasks for operation.(b) Description of tasks for maintenance.(c) Description of prescribed treatment.(d) Description of monitoring tasks.(e) Description of required laboratory testing.(f) Equipment necessary to operate, maintain, and monitor the site for tasks identified in subparagraphs (a) through (e) of this paragraph.(g) Schedule of the frequency of the required tasks identified in subparagraphs (a) through (e) of this paragraph.(h) Contingency plan for emergencies and unforeseen deviations from the O & M plan.(i) Other items as deemed necessary by the Department.(3) Financial assurance may be required by the Commissioner to insure the O & M costs. This financial assurance shall be provided in a form, amount, and in the manner approved by the Commissioner.(4) Reporting A reporting schedule and review cycle shall be established. The schedule shall detail the requirements for the proposed activities with associated costs. The schedule will establish a periodic review of the O & M.
(5) Petition to Discontinue Pump and Treat of Ground Water The Department realizes that in some cases pump and treat methods of ground water remediation may fail to achieve ground water remediation goals established under Rule 0400-15-01-.08. Unless otherwise determined by the Department, the following shall apply:
(a) After a responsible party has treated ground water for an extended period of time and the concentration of the hazardous substances in the ground water has reached asymptotic levels for contaminant removal, then the party responsible may petition the Department to discontinue pump and treat of ground water. Granting a petition to discontinue pump and treat does not abrogate any responsible party's liability or responsibility due to release or discharge of hazardous substance. The petition must include, at a minimum, the following: 1. A statement signed and sealed by a Professional Engineer licensed in Tennessee that the system was designed, constructed, and operated to recover the maximum quantity of hazardous substance contamination from the plume and to minimize the risk to human health, safety, and the environment posed by the hazardous substance. This certification shall further state what, if anything, can be done to further reduce the concentration of hazardous substance in ground water.2. Documentation of the type of treatment used at the site, including, but not limited to, as built diagrams of sufficient detail to demonstrate that the recovery system was properly designed, engineered, and constructed, and a description of the length of treatment and the maintenance schedule.3. The existing hydrogeologic characteristics of the site and the surrounding land.4. The physical and chemical characteristics of the hazardous substances, including their toxicity, persistence, and potential for migration.5. Site specific analysis of the source area(s) which determines whether or not the ground water is continuing to be contaminated by leachate from the sources. This analysis must also include specifics about the extent and volume of remaining sources and an evaluation of the costs, technologies and affects of possible source reduction.6. Identification of all human and sensitive environmental receptors and potential receptors which are impacted by the contaminated ground water or have a potential to be impacted in the event the pump and treat is discontinued.7. Documentation of the vertical and areal extent of contaminated ground water, sampling locations, sampling dates, results of analytical sampling, well elevations, and water level data.8. Description of the proposed alternate option for remediation and the monitoring activities.9. Detail contingency plans describing actions the liable party will take in the event receptors are contaminated by the hazardous substances.10. Other information requested by the Department.Tenn. Comp. R. & Regs. 0400-15-01-.12
Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.