ARM 17.55.113. FACILITY-SPECIFIC CLEANUP LEVELS AND ADDITIONAL REMEDIAL ACTIONS

(1) To protect public health, safety, and welfare, the department shall allow calculation of cleanup levels specific to each facility. The cleanup levels must be based on exposure assumptions and risk levels the department finds acceptable. (2) To protect the environment, the department shall allow calculation of cleanup levels specific to each facility. The cleanup levels must be based on risk and leaching determinations and science-based assumptions the department finds acceptable. (3) Except where otherwise provided in a settlement agreement or administrative order on consent entered into under 75-10-723, MCA, if the department selects or approves a remedial action and later determines that it does not attain a degree of cleanup or control of the hazardous or deleterious substance to protect public health, safety, and welfare and of the environment, the department shall require further remedial action at the facility. (4) Additional remedial actions required under (3) shall be taken by a person liable or potentially liable under 75-10-715, MCA. (5) The department shall document in writing the reason for requiring further remedial action under (3).