HAR §11-451-13. Removal actions

(a) Review of existing information. If the department determines that a removal action may be appropriate, the department shall review or require to be reviewed, all existing assessments of the facility or vessel, including any assessment conducted under section 11-451-11, to enable the department to determine if sufficient information is available to select the appropriate removal action. Based on the available information, only the most qualified technologies that apply to the media or source of contamination should be considered. (b) Information to select removal actions. If the department determines that sufficient information is not available to select the appropriate removal action, and the exigencies of the situation do not allow for an assessment pursuant to section 11-451-11, the department shall collect or require to be collected, information sufficient to supplement any existing information and enable the department to select an appropriate removal action. This information should at a minimum address the following: (1) Identification of the source and nature of the release or threat of release; (2) Identification of the magnitude of the threat to public health or welfare, the environment, or natural resources; (3) Information necessary to determine whether a removal is appropriate; and (4) Information necessary to determine whether another party is undertaking the proper response action. (c) Removal action requirements. Removal actions shall, to the extent practicable as determined by the department: (1) Address all immediate threats; (2) Permanently and completely address the threat posed by the entire site; (3) Contribute to the efficient performance of any anticipated remedial action with respect to the 451-24 1853 §11-451-13 release concerned; and (4) Take into consideration the identification and selection of presumptive response actions as described in 11-451-15(d). (d) Removal action reports. For all removal actions, the department shall complete a removal action report documenting the decision selecting a removal action. (1) Removal action reports shall describe the following: (A) The location of the release or threat of release; (B) The cause of the release or threat of release; (C) The initial situation at the facility or vessel which preceded the decision to conduct a removal action; (D) Any efforts conducted by the department to obtain a response by other parties, if appropriate; (E) The removal action and any alternatives considered; (F) The resources expended; and (G) A description of any hazardous substances, pollutants, or contaminants remaining on-site. (2) In those instances where it is practicable, as determined by the department, the department shall complete a removal action report before the initiation of the removal action. In these instances, the removal action report shall be supplemented to include those items in paragraph (1)(G) and (1)(H) after the completion of the removal action. (3) If the department determines, that it is not practicable to complete a removal action report before initiation of a removal action due to the urgency of the initial situation at the facility or vessel, the department shall complete, a removal action report after the completion of the removal action. (e) Additional data collection or studies. If the department determines that the removal action may not fully address the threat posed by the release and the release may require further action, the department may undertake or require data collection efforts or studies, as appropriate, to determine what further response actions may be necessary, and if necessary conduct or require to be conducted any appropriate remedial action. 451-25 1853