Corrective Action Program

An owner or operator required to establish a corrective action program pursuant to 310 CMR 30.661 and 30.662 shall, at a minimum, comply with the following: (1) The owner or operator shall take corrective action to ensure that each regulated unit is in compliance with the requirements of 310 CMR 30.665: Groundwater Protection Standard which shall be specified by the Department in the facility's license. These requirements shall include, at a minimum: (a) A list of the hazardous constituents specified pursuant to 310 CMR 30.666; (b) Concentration limits, specified pursuant to 310 CMR 30.667, for each of those hazardous constituents; (c) The compliance points specified pursuant to 310 CMR 30.669; and (d) The compliance period specified pursuant to 310 CMR 30.670. (2) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at compliance points by removing the hazardous waste constituents or treating them in place. (3) The owner or operator shall begin corrective action within a reasonable time period after a requirement of 310 CMR 30.665: Groundwater Protection Standard has not been complied with. The Department shall specify that time period in the facility's license. If a facility's license includes a corrective action program in addition to a compliance monitoring program, the license shall specify when the corrective action will begin and such a requirement will operate in lieu of the requirement of 310 CMR 30.671(9)(b). (4) In conjunction with a corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program pursuant to 310 CMR 30.671 and shall be as effective as that program in determining compliance with the requirements of 310 CMR 30.665: Groundwater Protection Standard, and in determining the success of a corrective action program pursuant to 310 CMR 30.672(5), where appropriate. (5) In addition to the other requirements of 310 CMR 30.672, the owner or operator shall conduct a corrective action program to remove or treat in place all hazardous constituents that are specified pursuant to 310 CMR 30.666 and that exceed concentration limits, specified pursuant to 310 CMR 30.667, in groundwater between the compliance point, specified pursuant to 310 CMR 30.668, and the downgradient facility property boundary. The license shall specify the measures to be taken. (a) Corrective action measures shall be: 1. Initiated within 60 days of detection of noncompliance with a requirement of 310 CMR 30.665; and 2. Completed within a reasonable period of time, considering the extent of contamination. (b) Corrective action measures may be terminated once the concentration of hazardous constituents specified pursuant to 310 CMR 30.666 is reduced, for three consecutive years, to a level below the respective concentration limits specified pursuant to 310 CMR 30.667. (6) In addition to the other requirements of 310 CMR 30.672, if so required by the Department, the owner or operator shall conduct a corrective action program to remove or treat in place all hazardous constituents which are specified pursuant to 310 CMR 30.666, and which exceed concentration limits, specified pursuant to 310 CMR 30.667, in groundwater beyond the downgradient property boundary. (a) Corrective action measures shall be initiated within 60 days of a determination by the Department that such measures are necessary, and shall be completed within a reasonable period of time considering the extent of contamination. Corrective action measures may be terminated once the concentration of hazardous constituents specified pursuant to 310 CMR 30.666 is reduced, for three consecutive years, to levels below their respective concentration limits specified pursuant to 310 CMR 30.667. (b) The owner or operator shall, by certified mail, immediately notify the owners of abutting property which may be affected by such contamination. The owner or operator shall take immediate steps to acquire permission from such property owner(s) to initiate groundwater monitoring, and, if necessary, corrective action on such abutting property. (7) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the requirements of 310 CMR 30.665 are complied with. If the owner or operator is conducting corrective action at the end of the compliance period, he shall continue that corrective action for as long as necessary to achieve compliance with the requirements of 310 CMR 30.665. The owner or operator may terminate corrective action measures when he has persuaded the Department that, based on data from the groundwater monitoring program implemented pursuant to 310 CMR 30.672(4), the requirements of 310 CMR 30.665 have been met for a period of three consecutive years. (8) The owner or operator shall submit to the Department semi-annual reports on the effectiveness of the corrective action program. (9) If the owner or operator or the Department determines that the corrective action program no longer satisfies the requirements of 310 CMR 30.672, the owner or operator shall, within 90 days, submit an application for a license modification to make all appropriate changes to the program.