R 299.4445 Type II landfill corrective action; implementation of remedial action plan.

Rule 445. (1) Based on the schedule established pursuant to R 299.4444 for the initiation and completion of remedial activities, the owner and operator shall do all of the following: (a) Establish and implement a corrective action groundwater-monitoring program that is in compliance with all of the following provisions: (i) At a minimum, meets the requirements of an assessment-monitoring program pursuant to R 299.4441. (ii) Indicate the effectiveness of the corrective action remedy. (iii) Demonstrate compliance with the groundwater protection standard. (b) Implement the remedial action plan approved pursuant to R 299.4444. (c) Take any interim response activities which are required by the director or which are otherwise necessary to ensure the protection of human health and the environment. Interim measures shall, to the greatest extent practicable, be consistent with the objectives, and contribute to the performance, of any remedy that may be required pursuant to R 299.4444. All of the following factors shall be considered by an owner or operator in determining whether interim measures are necessary: (i) The time that is required to develop and implement a final remedy. (ii) The actual or potential exposure of nearby populations or environmental receptors to hazardous constituents. (iii) The actual or potential contamination of drinking water supplies or sensitive ecosystems. (iv) The further degradation of the groundwater that may occur if remedial action is not initiated expeditiously. (v) The weather conditions that may cause hazardous constituents to migrate or be released. (vi) The risks of fire or explosion, or the potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system. (vii) Other situations that may pose threats to human health and the environment. (2) An owner or operator may determine, based on information that is developed after the implementation of the remedy has begun or other information, that compliance with the requirements of R 299.4444 is not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination specified in subrule (3) of this rule. (3) If the owner or operator determines that compliance with requirements of R 299.4444(2) cannot be practically achieved with any currently available methods, then the owner or operator shall do all of the following: (a) Obtain the certification of a qualified groundwater scientist and the approval of the director that compliance with the requirements of R 299.4444(2) cannot be practically achieved with any currently available methods. (b) Implement alternate measures to control the exposure of humans or the environment to residual contamination as necessary to protect human health and the environment. (c) Implement alternate measures that are in compliance with both of the following provisions for controlling the sources of contamination or for removing or decontaminating equipment, units, devices, or structures: (i) Are technically practicable. (ii) Are consistent with the overall objective of the remedy. (d) Notify the director within 14 days that a report which justifies the alternative measures before implementing the alternative measures has been placed in the operating record. (4) All solid wastes that are managed pursuant to a remedy or an interim measure required pursuant to the provisions of R 299.4444 shall be managed in a manner that is in compliance with both of the following provisions: (a) Is protective of human health and the environment. (b) Is in compliance with applicable requirements of the act and these rules. (5) Remedies that are selected pursuant to R 299.4444 shall be considered complete when the owner or operator complies with the groundwater protection standards established pursuant to R 299.4441 at all points within the plume of contamination and when all actions to complete the remedy have been satisfied. For purposes of these rules, compliance with the groundwater protection standards established pursuant to R 299.4441 has been achieved by demonstrating that concentrations of R 299.4450 to R 299.4452 and appendix II constituents have not exceeded the groundwater protection standards for a period of 3 consecutive years using the statistical procedures and performance standards specified in R 299.4908 or for an alternative length of time which is approved by the director and which takes into consideration all of the following factors: (a) The extent and concentration of the releases. (b) The behavior characteristics of the hazardous constituents in the groundwater. (c) The accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variables that may affect the accuracy. (d) The characteristics of the groundwater. (6) Upon completion of the remedy, the owner and operator shall notify the director within 14 days that the remedy has been completed in compliance with the requirements of these rules and has been placed in the operating record. The certification shall be signed by the owner and operator and by a qualified groundwater scientist and shall be approved by the director. (7) When, upon completion of the certification, the owner or operator determines that the corrective action remedy has been completed in accordance with the requirements of this rule, the owner and operator shall be released from the requirements for financial assurance for corrective action pursuant to the act and these rules. (8) The owner and operator shall be responsible for obtaining permission to enter off-site property to complete a remedial action plan.