S.C. Code Regs. § § 61-107.19.V.E.258.58

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.19.V.E.258.58 - Implementation of the Corrective Action Program

a. Based on the schedule established in Section258.57.d. for initiation and completion of remedial activities, the permittee shall:

(1) Establish and implement a corrective action groundwater monitoring program that:

(a) At a minimum, meets the requirements of an assessment monitoring program in Section258.55.;

(b) Indicates the effectiveness of the corrective action remedy; and,

(c) Demonstrates compliance with groundwater protection standards pursuant to Section258.58.e;

(2) Implement the corrective action remedy selected in Section258.57.; and,

(3) Take any interim measures necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to Section258.57. The following factors shall be considered by a permittee in determining whether interim measures are necessary:

(a) Time required to develop and implement a final remedy;

(b) Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

(c) Actual or potential contamination of drinking water supplies or sensitive ecosystems;

(d) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

(e) Weather conditions that may cause hazardous constituents to migrate or be released;

(f) Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and,

(g) Other situations that may pose threats to human health and the environment.

b. A permittee may determine, based on information developed after implementation of the remedy or other information, that compliance with requirements of Section258.57.b. are not being achieved through the remedy selected. In such cases, the permittee shall implement other methods or techniques that could practicably achieve compliance with the requirements, unless the permittee makes the determination under 258.c.

c. If the permittee determines that compliance with requirements in Section258.57.b. cannot be practically achieved with currently available methods, the permittee shall:

(1) Obtain certification of a qualified professional and approval by the Department that compliance with requirements in Section258.57.b. cannot be practically achieved with any currently available methods;

(2) Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment;

(3) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

(a) Technically practicable; and,

(b) Consistent with the overall objective of the remedy; and,

(4) Notify the Department within 14 days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating record.

d. All solid wastes that are managed pursuant to a remedy required in Section258.57., or an interim measure required in Section258.58.a. (3), shall be managed in a manner:

(1) That is protective of human health and the environment; and,

(2) That complies with applicable Resource Conservation and Recovery Act (RCRA) requirements.

e. Remedies selected pursuant to Section258.57. shall be considered complete when:

(1) The permittee complies with the groundwater protection standards established in Section258.55.j. or k. at all points within the plume of contamination that lie beyond the groundwater monitoring well system established in Section258.51.a.

(2) Compliance with the groundwater protection standards established in Section258.55.j. or k. has been achieved by demonstrating that concentrations of Appendix V constituents have not exceeded the groundwater protection standard(s) for a period of three consecutive years using the statistical procedures and performance standards in Section258.53.g. and h. The Department may specify an alternative length of time during which the permittee shall demonstrate that concentrations of Appendix V constituents have not exceeded the groundwater protection standard(s) taking into consideration:

(a) Extent and concentration of the release(s);

(b) Behavior characteristics of the hazardous constituents in the groundwater;

(c) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and,

(d) Characteristics of the groundwater.

(3) All actions required to complete the remedy have been satisfied.

f. Within 14 days of completion of the remedy, the permittee shall submit to the Department a certification signed by a qualified professional stating that the remedy has been completed in compliance with the requirements of Section258.58.e.

g. Upon the Department's approval of the certification required in 258.58.f., the permittee shall be released from the requirements for financial assurance for corrective action.

S.C. Code Regs. § 61-107.19.V.E.258.58