Current through the 2023 Regular Session
Section 75-11-508 - Corrective action - petroleum mixing zones(1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release.(2) If a petroleum mixing zone is included in a corrective action plan, it may be established only when: (a) all source material has been removed to the maximum extent practicable;(b) the extent of petroleum contamination has been defined;(c) natural breakdown or attenuation is occurring within the plume; and(d) no further corrective action is reasonably required at the site.(3) The boundary of a petroleum mixing zone established in accordance with this section must be contained within the boundary of the property on which the petroleum release originated unless a recorded easement, a restrictive covenant, or another institutional control approved by the department on an adjoining property allows the petroleum mixing zone to extend onto the adjoining property.(4) Monitoring of a petroleum mixing zone may not be required unless there is a unique, overriding, site-specific, impact-related reason to require monitoring.(5) At the downgradient boundary of a petroleum mixing zone, the concentration of any petroleum constituent, including benzene, may not exceed a water quality standard adopted pursuant to 75-5-301.(6) If a petroleum mixing zone is established and maintained: (a) the petroleum release is considered resolved;(b) no further corrective action for the petroleum release is required; and(c) the department shall issue a no-further-action letter to the owner or operator stating that a petroleum mixing zone has been established for the release and describing any conditions required to maintain the petroleum mixing zone.(7) A corrective action plan approved by the department pursuant to 75-11-309 may be amended to include a petroleum mixing zone in accordance with this section, including a corrective action plan approved prior to April 15, 2011.Amended by Laws 2021, Ch. 324,Sec. 69, eff. 7/1/2021.Amended by Laws 2015, Ch. 107, Sec. 2, eff. 3/23/2015.En. Sec. 5, Ch. 189, L. 2011.